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Post-Merger Control of Attorney-Client Privilege
In his Corporate Litigation column, Simpson Thacher & Bartlett partner Joseph M. McLaughlin reviews a Delaware Court of Chancery opinion adopting a bright-line rule that any attorney-client privilege attached to pre-merger communications pass to the acquirer in the merger unless the merger agreement provides otherwise, rejecting the New York approach to post-merger privilege.
Justices Give Prosecutors Win in Kansas Death Case
A unanimous U.S. Supreme Court on Wednesday ruled that prosecutors may use evidence from a court-ordered mental evaluation against a capital defendant to rebut the defendant's own psychiatric testimony.
Evaluating Confidential Informant Allegations Under 'Tellabs'
In their Corporate and Securities Litigation column, Sarah S. Gold and Richard L. Spinogatti of Proskauer Rose write: Since the U.S. Supreme Court's decision in 'Tellabs', federal courts have wrestled with its impact on the use of confidential informant allegations in federal securities complaints. There appears to be widely divergent views on this subject, partly mitigated by the differing facts of the cases in which the issue is raised.Gun Talk in School Isn't Terroristic Threat
A teen who allegedly talked about accessing guns in school, causing the school to increase security and attendance to temporarily drop, may not be found delinquent because the statement itself was not a hazardous or physically offensive condition that created a risk of public inconvenience, the state Superior Court has ruled.
Law Journal Press | Digital Book
Pennsylvania Causes of Action, 12th Edition
Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN
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Defense Seeks Information on U.S. Probe Into Alleged Threats
Attorneys for a convicted military contractor are locked in a battle with federal prosecutors over the release of information the government obtained during an eight-month probe into whether the defendant threatened the judge, prosecutors and a defense attorney.Judge Knocks Out Damages Expert in Suit Against Facebook
One week before trial, a judge in Virginia has disqualified a damages expert proffered by Rembrandt Social Media, a nonpracticing entity that accuses Facebook of infringing two of its patents.
Sharing Privileged Information During Due Diligence
Careful planning and thoughtful legal advice during routine due diligence for an impending transaction can help ensure the continued privilege status of shared information and facilitate closing the deal.
Report Recommends Disclosure of Differences in Lab Findings
The state inspector general's suggestion would require disclosure of information that could prompt a prosecutor to back away from a rape or murder case while arming the defense with a powerful cross examination tool in matters that do go to trial.TRENDING STORIES
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