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Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Gowling WLG ordered by Published Date Descending.
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1
R.I.P. Consent Protective Orders
This decision likely marks the end of the routine consent orders that govern the treatment of confidential documents and information during discovery.
Canada
11 Oct 2017
2
How To Ensure Information Disclosed In A Mediation Remains Confidential
As well as providing a reminder that mediation must be given proper consideration, the court has also recently provided a reminder that not all documents or evidence produced...
UK
2 May 2017
3
The Basics Of Patent Law - Initiating Proceedings In The UK
Gowling WLG's intellectual property experts discuss initiating proceedings as part of their 'The basics of patent law' series.
European Union
24 Mar 2017
4
What's The Deal With Privilege?
The Federal Court of Canada judgment in Minister of National Revenue v. Iggillis Holdings Inc. and Ian Gillis is a recent and important decision concerning common interest privilege.
Canada
1 Feb 2017
5
When Will Internal Investigations Be Protected By Legal Advice Privilege?
The recent decision in The RBS Rights Issue Litigation, Re, has affirmed the restrictive view of 'the client' espoused in the Court of Appeal's decision in Three Rivers No. 5...
UK
24 Jan 2017
6
Maintaining Privilege For Cross-Disciplinary Tax Advising
Redhead Equipment Ltd et al v. AG (Canada) provides a helpful summary of key principles governing solicitor-client privilege when lawyers and accountants are involved in transactional work and...
Canada
4 Nov 2016
7
Managing Exits: The Scope Of 'Off The Record' Negotiations
Three years on, we have the first Employment Appeal Tribunal (EAT) guidance on the scope of pre-termination negotiation confidentiality under section 111A of the Employment Rights Act 1996 (ERA).
Canada
21 Jul 2016
8
Changes To The Profession: Patent And Trademark Agent Privilege And A New Governance Framework
On June 24, 2016, by way of statutory amendment, the age-old common law concept of privilege between lawyers and their clients was extended to certain communications between patent and trademark agents and their clients.
Canada
11 Jul 2016
9
Supreme Court Of Canada Upholds Solicitor-Client Privilege In Tax Administration And Enforcement
The Supreme Court released two unanimous decisions on June 3, 2016 upholding solicitor-client privilege in the context of requirements (Requirements) by the Canada Revenue Agency...
Canada
10 Jun 2016
10
New Measures To Streamline IP Litigation Introduced By The Federal Court Of Canada
On June 24, 2015, the Federal Court issued a practice notice providing new measures that seek to improve case management of complex litigation, including IP litigation.
Canada
1 Jul 2015
11
Factual Information Provided In The Proffer Stage Of Co-Operation With The Competition Bureau Must Be Disclosed To Criminal Defendants
The Competition Bureau’s Immunity and Leniency Programs are a critical component of the Bureau’s investigative toolbox.
Canada
11 Feb 2015
12
"Bekesinski": Backdating, Credibility And Proper Procedure To Avoid A Director’s Liability
The Tax Court of Canada allowed a director’s liability appeal to eliminate a personal liability totaling over $477,000 by assiduously applying basic tax litigation principles.
Canada
14 Oct 2014
13
Restrictions On Communication With Experts: Advocacy Groups Provide Guidance On Moore v. Getahun
The Superior Court's January decision in Moore v. Getahun has caused concern, anxiety and even outright defiance in the bar.
Canada
18 Jul 2014
14
Ontario Superior Court Of Justice: The Expert's Report
An important part of an expert’s role is in the preparation of his report or witness statement as the case may be.
Canada
1 Jul 2014
15
Supreme Court Of Canada Makes Confidentiality A Vital Element Of A Pre-Mediation Checklist
Parties who seek to ensure the ongoing confidentiality of communications in furtherance of settlements should take heed of Union Carbide Inc. v. Bombardier Inc..
Canada
9 Jun 2014
16
Recent Decisions Highlight The Importance Of Dealing With Attorney-Client Privilege Ownership In Corporate Transactions In Canada And The U.S.
She makes certain that when privileged communications are shared with third parties, there is a clear common or joint legal interest.
Canada
23 May 2014
17
Mathieson v. Scotia Capital Inc., 2008 CanLII 45409 (ONSC)
A discussion on a recent case where the plaintiff argued that e-mails between 8 identified principals of the employer which mentioned his name should be produced.
Canada
22 May 2013
18
The Relevance Of Irrelevance: The Extent Of Documentary Disclosure Obligations - Mathieson V. Scotia Capital Inc., 2008 Canlii 45409 (ONSC)
A discussion on a recent case, where the subject matter involved the termination of an employee and allegations of bad faith against the former employer.
Canada
22 May 2013
19
The Relevance Of Irrelevance: The Extent Of Documentary Disclosure Obligations - Canadian National Railway Company V. Western Grain Cleaning & Processing Ltd.,2010 SKQB 59 (Canlii)
A discussion on a recent case, where both parties in the matter complained of deficient documentary disclosure but for different reasons.
Canada
22 May 2013
20
Rules For Dealing With Any Motion For Production: Sourian v Sporting Exchange Ltd, 2005 CanLII 4938 (ONSC)
A discussion relating to a case where the plaintiff moved to compel production of electronic data and the defendant moved to secure the plaintiff’s computer and to examine the hard drive.
Canada
22 Apr 2013
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