Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Tag Archives: Foreign Privilege Law

Ballast in Litigation Privilege: Commercial Court Finds No Privilege in Expert’s Investigations but No Waiver of Privilege in Solicitor’s Witness Statement

In the recent case of Kyla Shipping Co Ltd v Freight Trading Ltd [2022] EWHC 376 (Comm) the English Commercial Court rejected a claim to litigation privilege over preliminary investigations conducted by a party appointed expert on the basis that litigation in respect of the matter being investigated was not in reasonable prospect at the … Continue Reading

Choice of Law Principles in Cross-Border Privilege Disputes: Whose Law Applies?

I. The Attorney-Client Privilege and Work Product Doctrine in the United States and Abroad The attorney-client privilege and work product doctrine are important and well-known concepts to nearly every lawyer in the United States. Generally, the attorney-client privilege shields from disclosure confidential communications between attorneys and clients for the purpose of seeking or rendering legal … Continue Reading
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