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    Nevada Rejects Fiduciary Exception To Attorney-Client Privilege

    The fiduciary exception to the attorney-client privilege holds that a fiduciary, such as a trustee of a trust, is disabled from asserting the privilege against beneficiaries on matters of trust administration.  Nevada, like California, has codified...

    Attorney-Client Privilege/Work Product

    Does Disclosure Of Results Of Internal Investigation Constitute Subject Matter Waiver?

    Last Friday, I wrote about one of the docketed appeals in Wynn Resorts, Limited v. Eight Jud. Dist. Ct., 41 Nev. Adv. Op. 52 (2017).  Today's post concerns the other docketed appeal in that case.  This appeal addressed whether disclosure of an...

    Nevada Corporations, Louis Freeh, at issue, attorney-client privilege, Attorney-Client Privilege/Work Product, because of test, internal investigation, James W. Hardesty, Limited, waiver, work product doctrine, Wynn Resorts

    Does Assertion Of Business Judgment Rule Waive Attorney-Client Privilege?

    Nevada, like California, has codified the attorney-client privilege:

    Nevada Corporations, NRS 49.095, Nevada Supreme Court, advice of counsel, attorney-client privilege, Attorney-Client Privilege/Work Product, business judgment rule, Limited, NRS 78.138, Okada, waive, Wynn Resorts

    Does Work Product Belong To The Lawyer Or The Law Firm?

    California has codified the attorney work product doctrine in Section 2018.030 of the California Code of Civil Procedure.  That statute establishes two categories of protected work product.   Under subdivision (a), a "writing that reflects an...

    privilege, Section 2860, Attorney-Client Privilege/Work Product, holder, Labor Code, Tucker Ellis LLP v. Superior Court, work product doctrine

    Magistrate Judge Rules SEC's Attorney-Conduct Rules Preempt State Law

    Last December, Chief Magistrate Judge Joseph C. Spero ruled that the SEC's attorney-conduct rules preempt California's statutory and professional rules requiring attorneys to maintain inviolate the confidences.  Wadler v. Bio-Rad Laboratories,...

    Part 205 Rules, preemption, attorney-client privilege, Attorney-Client Privilege/Work Product, Section 6068(e), Wadler v. Bio-Rad