Blog Archives

Prohibiting Discovery of Attorney-Expert Communications

By Jeffrey M. Monhait Are communications between attorneys and their retained experts discoverable?  For now, the answer appears to be no, as a divided Pennsylvania Supreme Court recently affirmed a Superior Court decision “creat[ing] a bright-line rule denying discovery of

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Posted in Litigation

Maintaining Privilege With Consultants – Practical Guide

By Hayes Hunt and Arthur Fritzinger Previously, we talked about the legal standards applied to claims of attorney-client privilege between a company’s general counsel and outside consultants. Now, let’s talk about practical tips for maintaining that privilege. We explained the

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Posted in Corporate Compliance

Privileged Communications With Outside Consultants

By Hayes Hunt and Arthur Fritzinger Penn State University recently decided to waive attorney-client privilege and cooperate in the criminal prosecutions of certain former employees. Obviously, the former employees have attempted to assert privilege to exclude potentially incriminating statements. How

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Posted in Criminal Law

Upjohn Warning Update

By Hayes Hunt and Michael Zabel By now, the concept of Upjohn warnings should be familiar to any counsel, whether in-house or external, who represents a corporation’s interests in an internal investigation. In a nutshell, an Upjohn warning is derived

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Posted in Prosecution & Defense

Will Pennsylvania Prohibit Discovery of All Attorney-Expert Communications?

By Thomas G. Wilkinson, Jr. and Thomas M. O’Rourke In 2010, the Federal Rules of Civil Procedure were amended to address certain problems with prior expert discovery rules which were interpreted to allow discovery of virtually all communications between attorneys

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Posted in Discovery
About the Editor
Hayes Hunt concentrates his practice in the representation of individuals, corporations and executives in a wide variety of federal and state criminal law and regulatory enforcement matters as well as complex civil litigation. Hayes is a partner in the firm's Commercial Litigation Department as well as its Criminal Defense and Governmental Investigations Group.
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