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...

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...

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

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

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...

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,...

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