Filing Update: NJ Supreme Court Grants Leave to Appeal Privilege Determinations

On February 6, 2018, the New Jersey Supreme Court granted a motion for leave to appeal and remanded to the Appellate Division to hear the appeal on the merits, in a case in which ACC filed amicus urging immediate review … Continue reading

ACC Argues Against the Improper Extension of Privilege Waiver to In-House Post-Complaint Communications and Work Product

In a patent infringement case before the U.S. District Court in Delaware, Johns Hopkins University v. Alcon Laboratories, Inc., Alcon is relying on an opinion of counsel defense, and accordingly has been ordered to produce privileged documents relating to legal advice … Continue reading

ACC Argues the Importance of Immediate Appellate Review of Privilege Determinations in Amicus Filed with Supreme Court of New Jersey

In Sampson v. 3M Company, the Appellate Division of the New Jersey Superior Court denied appellate review of a lower court determination that documents, argued by counsel to be privileged attorney-client communications, be produced. While taking no position on the … Continue reading

ACC Amicus Brief Contends NLRB Decision at Odds with Federal Law on Racist Picket Line Behavior

In an amicus brief in Cooper Tire & Rubber Company v. National Labor Relations Board, ACC argues the NLRB and the 8th Circuit should not put in-house counsel and their employers in the uncomfortable position of protecting employees who participate … Continue reading

ACC Files Amicus Supporting Privilege When GC Functions as Both Lawyer and Negotiator

ACC joined the US Chamber of Commerce in an amicus brief filed June 2, arguing against a “new and aggressive theory of attorney-client privilege” advanced by the FTC that would undermine the ability of in-house attorneys to freely communicate legal … Continue reading

ACC Files Amicus with U.S. Supreme Court to Oppose Dilution of State Ethics Rule Applied to Federal Prosecutors

ACC urges the U.S. Supreme Court to grant the petition to review a Tenth Circuit ruling that a New Mexico professional conduct rule does not apply to federal prosecutors who want to subpoena lawyers to testify about clients before grand … Continue reading

ACC Supports U.S. Supreme Court Review Of New York’s Physical Office Requirement For Attorneys

ACC filed an amicus brief with the United States Supreme Court in Ekaterina Schoenefeld v. Eric T. Schneiderman, et al. on January 19, supporting a petition to review the constitutionality of a New York law requiring nonresident New York-licensed attorneys … Continue reading

ACC Files Amicus in California Supreme Court Against Open-ended Advance Conflict Waivers

ACC filed an amicus brief on December 2, 2016 in Sheppard, Mullin, Richter & Hampton LLP v. J-M Manufacturing Co., Inc., arguing that an open-ended advance conflict waiver the law firm insisted upon was invalid, as it did not comply … Continue reading

ACC Files Amicus Brief in Second Circuit Court of Appeals Contesting Discrimination against Nonresident Attorneys

On May 13, 2016, ACC filed an amicus brief supporting a petition for rehearing in a Second Circuit case involving a challenge to New York Judiciary Law § 470, which discriminates against nonresident attorneys by requiring them but not resident … Continue reading