Articles

When it comes to privileges and evidence, determining when a waiver has occurred can be tricky. It's a little like knowing when an egg is boiled. While some like runny yokes, others want a virtual powdering to soothe any fears of Salmonella. Judges of eggs are just like judges of law: they're human. What may be a waiver to one may not be a waiver to another.  

Fortunately, case law provides some guidelines for attorneys to at least understand how waivers should be analyzed. Fish v. Superior Cou...

Email. Where office workers are routinely carpet-bombed with everything from complaints about over-cooked popcorn in the office microwave to requests for "an important project before you head out for the long weekend." And in the case of business lawsuits, it is where the smoking guns are often found. Along with flying bullets. And a confession. It was not that long ago that Apple and Google were accused of having a no-hire agreement with each other. Proving the case was made fairly simple when ...

"What documents did you review to prepare for your deposition?" It is among the most commonly asked questions at the outset of depositions. And yet, whether the answer is permissible or privileged turns on a thorough understanding of the attorney work-product doctrine and the evidentiary rules about documents used to refresh a witness' memory.

On the one hand, a lawyer's selection of documents for a client to review reflects that lawyer's opinion about what is or is not important. Indeed, since...

As Uber and Waymo start trial over Uber's alleged theft of Waymo's self-driving technology, Uber will have to deal with an exhibit it never wanted Waymo to see—a third party report investigating various wrongdoing by the very employees Waymo accuses of various wrongdoing. Uber contended the report could be withheld from discovery. The Court decided otherwise and ordered its production. 

Waymo—once a Google project and now an Alphabet subsidiary—sued Uber and its former employee Anthony Levandow...