FILING UPDATE: DC Circuit Court Affirms Privilege Ruling on Documents With Both Legal and Non-Legal Purposes

On June 19, 2018, in FTC v. Boehringer Ingelheim Pharmaceuticals, Inc., the U.S. Court of Appeals for the D.C. Circuit affirmed the judgment of the DC District Court that documents prepared by Boehringer employees, that were requested by their general … Continue reading

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

FILING UPDATE: Attorney-Client Privilege Rule Supported by ACC Finalized By USPTO

On November 6, 2017, the US Patent and Trade Office issued a finalized rule that extends attorney-client privilege to both domestic and foreign patent agents with regard to proceedings before the Patent Trial and Appeal Board (PTAB). The rule more … Continue reading

ACC Files Letter Supporting Review of Litigation Privilege Issue in the Supreme Court of Canada

ACC and its Canadian chapters sent a letter in support of Suncor Energy Inc.’s leave for appeal to the Supreme Court of Canada to review the Alberta Court of Appeal’s ruling in Alberta v Suncor Energy Inc. The Alberta Court … Continue reading