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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

Evidence Needed For Crime-Fraud Exception to Attorney-Client Privilege

By Hayes Hunt and Michael Zabel How much evidence is enough to establish the crime-fraud exception to attorney-client privilege? With its recent opinion in In re Grand Jury, Nos. 12-1697 & 12-2878 (Dec. 11, 2012), the U.S. Court of Appeals

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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

Predictive Coding – Clawing Back Privileged Documents

By Hayes Hunt and Jillian R. Thornton With regard to privilege review, lawyers utilizing predictive coding of ESI need to be especially vigilant not to inadvertently produce privileged documents. Although predictive coding can be used to assess privilege as well

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Posted in Litigation
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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