Kevin P Allen

April 16, 2024 | The Legal Intelligencer

The incorporation of an integration clause into an amendment merely preserves the original integration clause and precludes evidence of oral or written representations that occurred prior to or contemporaneous with the execution of the original contract. The mere incorporation of the original integration clause into an amendment does not cover the time period between the execution of the original contract and the amendment.

By Kevin P. Allen and Zachary L. Gross

6 minute read

February 29, 2024 | The Legal Intelligencer

A contracting party defending against a fraudulent inducement claim will frequently invoke two related, yet distinct, defenses: the gist of the action doctrine and the parol evidence rule. The three recent Third Circuit cases cited above illustrate the importance of knowing the differences between the two concepts and conducting the proper analysis of their potential applicability.

By Kevin P. Allen and Zachary L. Gross

6 minute read

September 12, 2023 | The Legal Intelligencer

Vitamin Energy v. Evanston Insurance illustrates two relatively unusual ways to lose the protection of the privilege.

By Kevin P. Allen

5 minute read

March 16, 2023 | The Legal Intelligencer

A party can't have it both ways. It is impermissible to point to advice received from counsel as a defense to a claim but then shield such advice from discovery.

By Kevin P. Allen

5 minute read

September 01, 2022 | The Legal Intelligencer

In a recent federal decision, the plaintiffs' challenge to the defendant's privilege log designations was the equivalent of just rolling the ball out onto the court, and the result tracked the basketball cliché.

By Kevin P. Allen

5 minute read

July 22, 2022 | The Legal Intelligencer

In Duguid, the court held that Facebook was not liable because the equipment it used to send the text messages at issue did not qualify as an "automatic telephone dialing system," or ATDS, under the TCPA.

By Kevin P. Allen

5 minute read

February 01, 2022 | The Legal Intelligencer

In particular, the Sandoz court held that, even wholly within a corporate client, nonlawyer personnel cannot disseminate corporate counsel's legal advice without losing the privilege; and the court held that the common interest privilege attaches only to communications that include lawyers representing all of the clients participating in the common effort, and does not apply to communications between or among the clients themselves.

By Kevin P. Allen

8 minute read

January 12, 2022 | The Legal Intelligencer

The New York Supreme Court in West Chester County invoked George III during the course of the court's attempt to strike a balance between competing interests: freedom of speech and freedom of the press, on the one hand, and the "sanctity" of the attorney-client privilege on the other.

By Kevin P. Allen

7 minute read

May 07, 2020 | The Legal Intelligencer

On May 6, the U.S. Supreme Court heard oral arguments in Barr v. American Association of Political Consultants, a case that potentially could result in the demise of the Telephone Consumer Protection Act.

By Kevin P. Allen and Michael P. Pest

6 minute read

April 20, 2020 | The Legal Intelligencer

On April 6, the Pennsylvania Superior Court held that it was improper for a trial court to order a party to disclose to opposing counsel—on an "attorneys' eyes only" basis—documents arguably protected by the attorney-client privilege and the work-product doctrine.

By Kevin P. Allen

4 minute read