Todd Presnell

January 06, 2015 | Commercial Litigation Insider

An officer or director's company exit often feels like a divorce, with post-departure monetary payments and document-custody issues dominating the immediate aftermath. Companies are quick to enforce non-compete agreements and protect trade secrets as the divorce unravels, but often do not consider protection of legal communications in which the officer or director participated. And when it comes to discovery of a company's privileged communications in post-departure litigation, what's mine is not always yours.

By Todd Presnell and Kristi Wilcox Arth

10 minute read

January 06, 2015 | Commercial Litigation Insider

An officer or director's company exit often feels like a divorce, with post-departure monetary payments and document-custody issues dominating the immediate aftermath. Companies are quick to enforce non-compete agreements and protect trade secrets as the divorce unravels, but often do not consider protection of legal communications in which the officer or director participated. And when it comes to discovery of a company's privileged communications in post-departure litigation, what's mine is not always yours.

By Todd Presnell and Kristi Wilcox Arth

10 minute read

January 06, 2015 | Corporate Counsel

When it comes to discovery of a company's privileged communications in post-departure litigation, what's mine is not always yours.

By Todd Presnell and Kristi Wilcox Arth

10 minute read

January 06, 2015 | Corporate Counsel

When it comes to discovery of a company's privileged communications in post-departure litigation, what's mine is not always yours.

By Todd Presnell and Kristi Wilcox Arth

10 minute read

May 02, 2013 | Inside Counsel

In-house lawyers often interview or direct others to interview witnesses to an event that may result in litigation involving their company.

By Todd Presnell

6 minute read

April 18, 2013 | Inside Counsel

Corporate counsel conducting internal investigations have relatively little instruction on whether to interview the companys third-party consultants and, if so, whether an Upjohn warning is necessary.

By Todd Presnell

5 minute read

April 04, 2013 | Inside Counsel

In-house counsel should never underestimate the importance of selecting and preparing the appropriate representative, or representatives, to respond to deposition requests noticed under Federal Rule of Civil Procedure 30(b)(6) or corresponding state procedure rules.

By Todd Presnell

11 minute read

March 21, 2013 | Inside Counsel

What was once considered a rarity has now become a trend: parties increasingly seek to depose in-house lawyers.

By Todd Presnell

10 minute read

March 07, 2013 | Inside Counsel

For many lawyers, constructing an appropriate privilege log is a mere afterthought in the overall discovery process.

By Todd Presnell

5 minute read

February 21, 2013 | Inside Counsel

In-house counsel should be and most often are heavily involved in selecting and preparing corporate witnesses for their depositions.

By Todd Presnell

10 minute read