D.C. Circuit Reaffirms Attorney Client and Work Product Protection For Internal Investigations

September 12, 2014

Back in March, I wrote about a ruling in U.S. ex rel Barko v. Halliburton Co. et al, 1:05-CV-1276 (D.D.C.), where the court ordered the defendant to produce documents from an internal investigation into allegations of billing misconduct.  The ruling raised significant concerns about the scope of the attorney client privilege in business settings and created uncertainty about whether companies can claim privilege over […]

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Biomedical Component-Supplier Immunity Fulfills Congressional Intent

September 8, 2014

As you’ve probably noticed from the nigh-inescapable television commercials for plaintiff’s law firms, controversy over pelvic mesh inserts, which are pieces of mesh used in surgeries to return pelvic organs to their correct position, has spurred a landslide of cases across the country.  Tens of thousands of cases have been aggregated in a multi-district litigation […]

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SDNY Dismisses Alien Tort Cases

September 3, 2014

Back in April, my colleague Keith Gibson questioned whether Alien Tort Statute cases would remain viable in the Second Circuit in light of the Supreme Court’s rulings in the Kiobel cases.  The discussion was prompted by Judge Scheindlin’s decision to permit two putative classes of black South Africans who were victims of apartheid-era violence and discrimination to move for leave […]

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“Did You Feel It?” – Study Examines Alleged Fracking-Induced Earthquakes

August 28, 2014

Anyone following our blog knows that the issue of whether fracking activities cause earthquakes is one receiving a lot of press and has been the subject of various studies.  A seismologist at the United States Geological Survey (USGS) has added to the mix with a recently published study examining earthquakes in the central and eastern United […]

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Giving a Voice to Companies

August 26, 2014

The landmark 2010 Supreme Court opinion in Citizens United cemented what had been a progressive transformation of the First Amendment into what one scholar has dubbed “the darling of economic libertarians and corporate lawyers who have recognized its power to immunize private enterprise from legal restraint.” Tim Wu, The Right to Evade Regulation: How corporations […]

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