Author: Andrew Higgins
Publisher: Oxford University Press, USA
ISBN: 9780198702689
Category : Law
Languages : en
Pages : 0
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Book Description
A comprehensive account of legal professional privilege as it applies to corporations covering four major common law jurisdictions: the UK, Australia, Canada and the United States. Higgins provides a practical set of principles to advise practitioners in the large number of areas where there is uncertainty in the law of privilege as it applies to corporate communications. This book will act as an invaluable guide to practitioners and judges trying to ascertain the often fine line between whether a corporate communication is privileged or not. In particular the book provides a concise overview of the law of privilege in the UK, Australia, Canada and the United States, and detailed consideration of: - The definition of the corporate client, which is still unresolved in England following the Court of Appeal's decision in Three Rivers No 5. - The legal advisers covered by the privilege in increasingly competitive legal services markets, including the position of in-house counsel, accountants and multi-disciplinary partnerships. - The key trends in the courts' application of the legal purpose test in connection with advice given by lawyers, and documents and communications made in anticipation of litigation. - The application of the privilege in 'intra-corporate' disputes between the company and shareholders, the company and its directors, as well as disputes between the company and third parties alleging a joint interest in the company's legal advice. - When corporate privilege is waived, including the emerging doctrine of limited waiver endorsed in some jurisdictions, the common-interest privilege exception to waiver, the extent of waiver over communications with experts when a party discloses an expert's report, and the rights of corporations to recover privilege material disclosed unintentionally. - The scope of the crime-fraud or iniquity exception and the procedures for claiming and challenging privilege. In examining these issue practitioners can compare and contrast the case law in their home jurisdictions with the approaches taken in other common law countries, which will be particularly helpful where there is limited domestic authority on point. Higgins addresses questions of principle and practice that are unique to, or commonly arise, in corporate contexts. In addition the book will provide lawyers and law makers with a critical examination of the rationale and scope of privilege, highlighting areas where a strong case can be made for more or less protection for corporate communications, or a redistribution of the benefits and burdens of privilege in intra-corporate disputes. The text is clearly laid out for quick access to information. It is an essential reference tool for practitioners in all fields of civil practice, and for students of Civil Procedure and Evidence.
Author: Jerome G. Snider
Publisher: Law Journal Press
ISBN: 9781588520876
Category : Law
Languages : en
Pages : 870
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Book Description
Corporate Privileges and Confidential Information is designed to assist inside and outside counsel in negotiating obstacles to maintaining corporate secrecy.
Author: Judith Seddon
Publisher: Law Business Research Ltd.
ISBN: 1912377837
Category :
Languages : en
Pages : 987
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Book Description
There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Christopher S. Ruhland
Publisher:
ISBN: 9781402427275
Category : Attorney and client
Languages : en
Pages : 0
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Book Description
Attorney-Client Privilege Answer Book provides, in a Q&A format, clear answers to the questions that attorneys grapple with on a regular basis as to what is, or is not, covered by the attorney-client privilege.
Author: Edna Selan Epstein
Publisher: American Bar Association
ISBN: 9781590318041
Category : Law
Languages : en
Pages : 1532
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Book Description
The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden.
Author: Nigel West
Publisher: The Law Society
ISBN: 1784460443
Category : Law
Languages : en
Pages : 381
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Book Description
The Solicitors Disciplinary Tribunal (SDT) has the power to strike off a solicitor from the roll, suspend a solicitor from practice, fine or reprimand a solicitor or make such other order as it thinks fit. Whilst over 90% of all cases brought before the SDT are brought by the SRA, it is open to anyone to bring a matter before it.This book provides a unique step-by-step guide to the law and practice of the Solicitors Disciplinary Tribunal, from the issue of proceedings through to appeal. Its practical approach will help anyone who wishes to avoid the common pitfalls faced by unfamiliar users of the Tribunal.It is the only comprehensive book available on SDT proceedings and it contains all the leading cases on Tribunal proceedings, many of which are not available on the internet, in one handy volume.
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author: Sterling Miller (Lawyer)
Publisher: ABA Publishing
ISBN: 9781634257923
Category : Corporate lawyers
Languages : en
Pages : 322
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Book Description
"[The author] shares his insights, anecdotes, strategies, and practical tips learned from his 20+ years of experience as in-house counsel, general counsel, corporate secretary, and chief compliance officer. As author of the popular blog, 'Ten things you need to know as in-house counsel, ' Miller provides quick points that you can use in your everyday practice ... Whether you are new to an in-house department or a long-term veteran, the general counsel or just a basic contract lawyer, Ten Things You Need to Know as In-House Counsel provides you with guidance on: how to be a successful in-house counsel; being more productive every day; drafting documents and emails; how to negotiate; effectively managing outside counsel fees; trade secrets and protecting your company; dealing with the Board of Directors; preparing for when bad things happen; analyzing risk; and much more."--
Author: Andrew Higgins
Publisher:
ISBN: 0198863187
Category : Law
Languages : en
Pages : 353
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Book Description
Civil Procedure Rules at 20 considers the successes and failures of the CPR, and current challenges faced by those designing, administering, and using the civil justice system.
