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U.S. v. Sanmina: A New Standard for Determining Waiver of Work Product Privilege

In its decision, United States v. Sanmina Corporation and Subsidiaries, 2020 DJDAR 8299, the court recognized the key distinctions between the invocation of the attorney-client privilege compared with the attorney work product privilege and when those privileges are waived, if at all. The 9th Circuit decision provides important case law on these two fundamental, yet distinct, sacrosanct privileges uniquely attached to the legal profession. Read the full article, “A New Standard for Determining Waiver of Work Product Privilege,” authored by Murphy Pearson litigation attorneys for The Daily Journal on August 20, 2020.

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Employer’s Bid for Arbitration Denied Based on Unauthenticated E-Signature

The recent appellate decision on Griggs v. Guess?, Inc. provides us with important guidance on how courts will weigh evidence and determine the creditability of witnesses when deciding whether an electronic signature is valid or not. Read “Employer’s Bid for Arbitration Denied Based on Unauthenticated E-Signature” by ShareholderĀ Patrick J....

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When Clients Attack: Legal options for responding to negative social media posts

Upset clients are an unfortunate reality of veterinary practices. No matter how experienced the veterinarian or how diligent the treatment, some clients still leave unhappy. In the age of social media, this unhappiness can lead to problems, even when the veterinarian’s care was entirely proper. Clients can use social...

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The impossibility of Brady: Compliance depends on imagination

Many know that lawyers are required to turn over non-privileged documents during discovery when the opposing party requests them to do so. Imagine, however, that the burden extends to proactively disclose information, even when there is no request and/or even when the lawyer is not aware of any evidence...

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