From U.S. v. Heppner, handed down today by Judge Jed Rakoff (S.D.N.Y.): ...

Challenges and delays during the discovery process are a frustrating part of civil litigation. One cause for such delay is the attorney-client privilege arising from internal investigation materials.

Since the elimination of general federal common law in 1938,1 federal courts have sought to avoid the specter of “two conflicting systems of law controlling the primary activity of citizens.”2 But ...

Under 28 U.S.C. Section 1782, a party to a foreign proceeding is entitled to petition a U.S. district court to seek the production of documents or testimony from a U.S. person for use in the foreign ...

A company’s ability to claim privilege over internal investigation materials is essential. Yet in May 2024, a Federal District Court in Ohio held that materials created during a company’s internal ...