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Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Herbert Smith Freehills ordered by Published Date Descending.
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Section 1782 Update: U.S. Discovery In Aid Of International Commercial Arbitrations
As we have explained in a previous post, Section 1782 of the United States Code (28 USC § 1782, titled "Assistance to foreign and international tribunals and to litigants before such tribunals")
United States
14 Oct 2019
2
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of UK, check out our comparative guides section to compare across multiple countries
UK
25 Sep 2019
3
International Arbitration Comparative Guide
International Arbitration Comparative Guide for the jurisdiction of South Africa, check out our comparative guides section to compare across multiple countries
South Africa
25 Sep 2019
4
Privilege: A Reminder Of The Dangers Of Cherry Picking
The Employment Appeal Tribunal (EAT) has held that an employer waived privilege in redacted parts of a draft dismissal letter setting out...
UK
19 Sep 2019
5
Launch Of Asia Pacific Guide To Privilege 2019
The Guide will be of particular interest to businesses engaging in cross-border activities between the highlighted jurisdictions.
Worldwide
30 Jul 2019
6
Anomalies In The English Law Of Privilege: A Triumph Of Form Over Substance
As is widely recognised, and often repeated, legal professional privilege serves an important public interest.
UK
29 Jul 2019
7
Employees & Privilege: Dominant Purpose, Waiver And Iniquity
Two recent English decisions highlight the particular challenges when managing legal professional privilege in the context of resolving employee issues.
Hong Kong
4 Apr 2019
8
High Court Considers Application Of Much-Criticised Exception To Without Prejudice Rule
The High Court has held that the content of "without prejudice" ("WP") communications between the parties to the proceedings was inadmissible, though the fact of the WP negotiations could be referred to.
UK
21 Mar 2019
9
High Court Restrains Claimants From Using Defendant's Privileged Material Obtained From Third Parties In Unknown Circumstances
A recent High Court decision demonstrates that, whilst confidentiality is a prerequisite to a claim for privilege, information will not cease to be confidential unless it is in fact
UK
11 Mar 2019
10
High Court Upholds Claim To Privilege In Respect Of Underlying Instructions To Law Firm Relating To Escrow Monies
The High Court has rejected an application for disclosure of documents containing the underlying instructions to a law firm acting for a party funding a transaction.
UK
31 Jan 2019
11
A Litigator's Yearbook: 2018 (England And Wales)
As the end of another year approaches, we look back at some key developments from 2018 from the perspective of the commercial litigator.
UK
21 Dec 2018
12
Court Of Appeal Finds Litigation Privilege Is Restricted To The Purpose Of Obtaining Advice Or Information, Not The Conduct Of Litigation More Broadly
The Court of Appeal has held that emails between a company's Board members which had been prepared to discuss a commercial proposal for the settlement of a dispute were not covered by litigation...
UK
7 Dec 2018
13
Litigation Privilege: High Court Decision Shows Continued Need To Beware Of Dual Purpose
The High Court has found that correspondence with experts was not subject to litigation privilege as it was prepared for two purposes, only one of which was for contemplated litigation...
UK
4 Dec 2018
14
ENRC Privilege Decision: Welcome News But Difficulties Remain
The Court of Appeal's recent decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ 2006 (ENRC) has, helpfully, departed from the High Court's overly strict approach to questions of litigation privilege.
UK
5 Oct 2018
15
English Court Refuses To Grant An Injunction Against The Enforcement Of A S1782 US Evidence Order
Dreymoor's injunction application was made under section 44 of the Arbitration Act 1996.
UK
27 Sep 2018
16
Privilege No Defence To Notice Requiring Production Of Client's Privileged Documents To Regulator
The High Court has held that an audit client could not withhold documents on grounds of privilege when responding to a notice requiring the production of documents in connection with an investigation...
UK
19 Sep 2018
17
Court Of Appeal Decision In ENRC: Orthodoxy Restored On Litigation Privilege, But Narrow Interpretation Of "Client" Remains For Now
The Court of Appeal has today handed down its eagerly awaited decision in the ENRC appeal: The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ 2006.
UK
12 Sep 2018
18
Pilot Of New Disclosure Rules: A Change For The Better?
A Disclosure Working Group (the working group), chaired by Lady Justice Gloster, was set up in 2016 to consider the rules governing disclosure of documents in English litigation.
UK
12 Sep 2018
19
Two-Year Pilot Of New Disclosure Rules To Commence 1 January 2019
The pilot will affect both new and existing proceedings, but it will not affect orders for disclosure made before the commencement date.
UK
4 Sep 2018
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