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Kevin P Allen

Kevin P Allen

December 12, 2019 | The Legal Intelligencer

Federal Opinion Navigates Difficult Privilege and Work-Product Issues

On 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 Privilege

The 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 Counsel

Work-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 Contract

Hardball 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 Counsel

Attorney 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