Sentences with phrase «assertions against his client»

He additionally has managed the defense of more than 40 patent assertions against his client as well as a successful patent litigation against more than 15 defendants.

Not exact matches

The Third Circuit in In re Bevill Bresler & Schulman Asset Management Corp., developed a five - part test (the Bevill test) to examine the merits of such an assertion by an individual employee against company counsel.50 Under this test, employees must show that (1) they approached corporate counsel for the purpose of seeking legal advice; (2) they made it clear that they were seeking advice in their individual capacity; (3) counsel sought to communicate with the employee in this individual capacity, mindful of the conflicts with its representation of the company; (4) the communications were confidential; and (5) the communications did not concern the employee's official duties or the general affairs of the company.51 The Bevill test has been recognised by other jurisdictions as a means of assessing whether a company employee may assert attorney — client privilege in an individual capacity arising out of communications with corporate counsel.52 (See also Chapter 13 on employee rights.)

If the privilege is available, advantages of asserting the privilege include that the client may be prevented from making statements in a civil proceeding that could be used against him or her in future criminal or civil proceedings or private civil litigation.82 In addition, testifying in a civil or criminal proceeding may, under certain circumstances, amount to a waiver of the Fifth Amendment privilege for purposes of the same proceeding and any future proceedings.83 Conversely, risks of asserting the privilege include that adverse inferences may, under certain circumstances, be drawn in civil or administrative proceedings from an individual's assertion of Fifth Amendment rights in a prior civil or administrative proceeding.84 Moreover, an individual's assertion of the privilege in a civil proceeding could factor into law enforcement's charging decisions.

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and