Corporate law; defining privilege

Article Abstract:

The differences in state laws continue leading to uncertainty in the attorney-client privilege's application even in the privileges's basic elements that were resolved in the 1981 Supreme Court ruling of Upjohn v United States. Choice-of-law issues also dim the privilege's application because evidence from a jurisdiction that follows Upjohn may be sought in cases pending in jurisdictions that do not.

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Litigation; joint defense issues

Article Abstract:

Whether the attorney for a co-defendant who leaves the joint defense by testifying against the first defendant can be disqualified from continuing to represent that defendant is discussed. In U.S. v. Henke, the 9th Circuit ruled that the implied attorney-client relationship made such disqualification appropriate.

Defense (Civil procedure), Joint tortfeasors

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Privilege issues; subpoena by Congress

Article Abstract:

The ramifications of claiming attorney-client privilege in a subpoena for a congressional investigation into product safety are discussed. The congressiional order enforcing a subpoena is immune from judicial review and anyone challenging this order must be ready to risk criminal contempt of Congress.

Subpoena, Governmental investigations, Government investigations

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