December 12, 2019 | The Legal Intelligencer
Federal Opinion Navigates Difficult Privilege and Work-Product IssuesOn Nov. 7, U.S. District Judge for the Middle District of Pennsylvania Malachy E. Mannion issued a decision in Lord v. Napa Management Services, C.A. No. 3:13-2940 (M.D. Pa.). In that decision, Mannion skillfully handled attorney-client privilege and work-product doctrine issues that frequently flummox other courts and litigants.
By Kevin P. Allen
4 minute read
October 16, 2019 | The Legal Intelligencer
Pa. Superior Court Confuses the 'At-Issue' Exception to the Attorney-Client PrivilegeThe Pennsylvania Superior Court recently has had its struggles and challenges with attorney-client privilege issues.
By Kevin P. Allen
5 minute read
December 03, 2018 | The Legal Intelligencer
No Work-Product Protection for Notes Written by Investigator Hired by CounselWork-product protection under Pennsylvania's Rules of Civil Procedure is very narrow for nonattorneys, and that is true even if the work product in question is created by a nonattorney hired by and working at the express direction of counsel.
By Kevin P. Allen
4 minute read
February 08, 2018 | The Legal Intelligencer
In Camera Review of Privileged Documents: Is It Both Mandatory and Immediately Appealable?Two recent decisions from the Pennsylvania Superior Court appear inconsistent and irreconcilable with respect to a trial court's in camera review of documents subject to a claim of privilege. In one case, the Superior Court rebuked the trial court for not conducting an in camera review and suggested that in camera review by trial courts of allegedly privilege documents is required in Yocabet v. UPMC Presbyterian, 119 A.3d 1012 (Pa. Super. 2015).
By Kevin P. Allen
6 minute read
January 15, 2015 | Commercial Litigation Insider
In-house Attorney-Client Privilege and 'Lawyerly Things'Advice provided by in-house lawyers too often is at risk of being stripped of the protection of the attorney-client privilege.
By Kevin P. Allen
5 minute read
January 15, 2015 | Commercial Litigation Insider
In-house Attorney-Client Privilege and 'Lawyerly Things'Advice provided by in-house lawyers too often is at risk of being stripped of the protection of the attorney-client privilege.
By Kevin P. Allen
4 minute read
January 13, 2015 | Corporate Counsel
In-house Attorney-Client Privilege and 'Lawyerly Things'Advice provided by in-house lawyers too often is at risk of being stripped of the protection of the attorney-client privilege.
By Kevin P. Allen
4 minute read
January 13, 2015 | Corporate Counsel
In-house Attorney-Client Privilege and 'Lawyerly Things'Advice provided by in-house lawyers too often is at risk of being stripped of the protection of the attorney-client privilege.
By Kevin P. Allen
4 minute read
October 30, 2013 | The Legal Intelligencer
Rules of the Game: Tortious Interference With ContractHardball tactics are common in business. Often, the law not only does not prohibit such tactics, it encourages them in the name of vibrant competition and efficiency. However, there are lines that cannot be crossed, at least not without creating risks of liability.
By Kevin P. Allen
5 minute read
December 19, 2007 | Law.com
Privilege Waiver Regarding Opinion Counsel Doesn't Extend to Trial CounselAttorney Kevin P. Allen discusses In re Seagate Technology, LLC, a recent decision from the U.S. Court of Appeals for the Federal Circuit that deals with the issue of whether a party's privilege waiver concerning advice counsel should extend to trial counsel. Allen concludes that the court struck a sensible balance in holding that absent unusual circumstances, the invocation of an advice of opinion counsel defense will not normally constitute a waiver concerning a party's trial counsel.
By Kevin P. Allen
4 minute read
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