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…
Blog Archives
Prohibiting Discovery of Attorney-Expert Communications
Tagged with: attorney work product, attorney-client privilege, attorney-expert communication, Litigation Practice
Posted in Litigation
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…
Tagged with: attorney-client privilege, attorney-expert communication, Corporate Compliance, Corporate Law
Posted in Corporate Compliance
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…
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…
Tagged with: attorney-client privilege, attorney-expert communication, Corporate Counsel, Corporate Law, Upjohn v. United States
Posted in Prosecution & Defense
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…
Tagged with: attorney work product, attorney-expert communication, experts, Litigation, Rules of Civil Procedure
Posted in Discovery
Posted in Discovery
