Sentences with phrase «by privilege under»

Taylor Wessing refused on three grounds: the documents would not be disclosable under Bahamian law and were protected by privilege under English law; disproportionate effort on their part would be required to inspect the documents; and the purpose of the SAR was to obtain disclosure for the sake of litigation.

Not exact matches

Federal prosecutors and attorneys for Michael Cohen on Wednesday suggested seven candidates who could be picked by a federal judge to review materials seized in an FBI raid of Cohen's home and office last week and determine whether any should be protected under attorney - client privilege.

Any disputes about what material was or wasn't covered by the attorney - client privilege would then be decided by a judge, under the president's proposal.

The latter is especially important because Boiardo» gentleman of Ferrara» was a beneficiary of the Estensi; and because Ariosto» also dependent on that House's patronage» would explicitly transform Ruggiero (Ariosto's spelling) into the Ferraran Aeneas, and Rodomonte into a new Turnus (which gives Rodomonte the privilege of bringing the epic to its sudden conclusion by dying under Ruggiero's blade).

«Rats and roaches live by competition under the laws of supply and demand; it is the privilege of human beings to live under the laws of justice and mercy.»

With the enhancement of the dignity of the bishop and the extension of his judicial authority under the patronage of the Empire, the old cathedra upon which the ante-Nicene bishop had sat in his capacity as teacher, was gradually converted into a veritable throne, imitative of that of the emperor.25 It is quite possible that the courtly protocol and the sartorial details of the so - called Donation of Constantine are a reasonably accurate description of the dress, insignia, and prerogatives of the chief bishop of the West in the late imperial period, that even the account of the bestowal of these privileges primarily errs in fictionally ascribing to one emperor what was probably done by several in the course of the fourth and fifth centuries, and that once the fictional monopolization of these prerogatives by one bishop is removed, the Donation is recognized as supplying us with a picture of a late imperial prelate.26

They had argued they should be accountable to parliament rather than the courts because, under the 1689 Bill of Rights, their expenses claims fell under the category of «proceedings of parliament» - and were therefore protected by privilege.

«That this House is deeply concerned by the ban on all prisoners receiving books as gifts under the Incentives and Earned Privileges Scheme which will have a detrimental effect on prisoner rehabilitation; notes that the ban has been opposed by eminent writers including Mark Haddon, Philip Pullman and Carol Ann Duffy; further notes that to deny prisoners the books they need in order to improve their skills and support their learning is both unreasonable and counter-productive given that reading goes hand - in - hand with education, rehabilitation and humanity; and urges the government to reverse the ban as soon as possible by exempting books from the Incentives and Earned Privileges Scheme.»

We respect the age - old norms of international diplomacy that, when a country has accorded concessions and privileges to another, these are not removed or altered by a successor government, unless, firstly, the conditions under which they were granted have been reversed; or, secondly, there is proven evidence of abuse.

In a motion moved by Rep. Diri Douye (Bayelsa - PDP) under matters of privilege, the lawmaker expressed concern over the spread of the disease to other states in spite of concerted efforts by the Bayelsa State Government since its outbreak in Yenagoa.

Under apartheid, even prisoners were treated differently depending on their racial origin: White prisoners got the most privileges, followed by those of Indian origin, while black people got the least.

The claim was made under protection of parliamentary privilege by Democratic Unionist party MP David Simpson.

The group frowned at the way and manner at which the allegation is being handled by the concerned authorities, saying the investigation of abuse of privilege of members and subsequent suspension of Honourable Jubrin by the whole House, across parties line, is an indication of the House resolution to sweep the matter under the carpet.

By convention, the Lords does not dispute financial bills, so now the government will dress up any contentious motions as falling under «financial privilege».

The plan to call Pickhardt — to make the case that Venditto acted under his lawyer's advice — led prosecutors to request correspondence from Oyster Bay that the town previously claimed was protected by attorney - client privilege.

In the Commons, Les Lawrence, the former lead education councillor in Birmingham, a Conservative, was one of four people named under parliamentary privilege by Khalid Mahmood, the Labour MP for Birmingham Perry Barr, who accused them of colluding «with this huge tragedy of keeping these schools in a position they should not have been in», and failing to listen to parents, governors and teachers.

Divorce, by definition, is the annulment of the marriage, and all the rights and privileges that is inferred under matrimonial law.

The sharer of the main guest can claim the privileges, as long as the sharer has been registered under the same reservation and only if the miles has not been claimed by the main guest.

When asked why any records needed to be withheld in the first place, Mendivil provided a minimal explanation: «We've claimed a privilege under AS 40.25.120 (a)(4)(«records required to be kept confidential by a federal law or regulation or by state law»).»

«In my opinion, it's journalists like Judith Miller who collaborate with the government under the guise of security clearances who shouldn't be covered by the media privilege, not journalists who publish using blogging tools...»

An American magistrate judge (sort of like a master) has ruled that a plaintiff suing a company for improperly sending a takedown notice under the DMCA has waived a number of heads of attorney - client privilege by discussing the details of her legal case too broadly by email and on a blog (Eric Goldman blog (per Venkat)-RRB-

«Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»

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.)

0738 (JSM), 2001 WL 1154666, at * 2 (S.D.N.Y. 1 October 2001)(finding certain communications between the investigator, who conducted the internal investigation, and in - house and outside counsel are protected by attorney — client privilege because the investigator received legal advice from counsel under circumstances in which the employee under investigation was an executive and litigation was expected if the employee were terminated).

If your case involves a driving under the influence or related charge, there are related administrative proceedings imposed by the DMV, which may affect your driving privileges.

(a) A lawyer shall not reveal information protected by the attorney - client privilege under applicable law or other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraphs (b) and (c).

«A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation directed by the court, or to present a motion under Rule 30 (d)(4).»

If you are helping your client conduct on ongoing criminal enterprise, whether or not the crimes are prosecuted by the criminal justice system, the attorney - client privilege you have with your client is probably forfeit should you be placed under a subpoena and your may be violating other ethical rules.

Please clarify what you mean by «the board members were given a briefing protected under attorney - client privilege».

When non-attorneys conduct witness interviews, those interviews are not, generally speaking, privileged.9 As discussed above, some legal precedent in the United States, however, suggests that witness interviews conducted by non-attorneys may be protected by the attorney — client privilege where the interviews were authorised by and conducted under the direction of the company's in - house or outside counsel.10 Ideally, any witness interview would be conducted directly by an in - house or outside lawyer.

The privilege and confidentiality rules are governed by state law, the rules imposed on attorneys under state law and our ethics standards.

Under existing doctrine, it is difficult to reach any other conclusion other than that legal advice from a non-lawyer Attorney General is not encompassed by Solicitor - Client Privilege because a non-lawyer Attorney General does not qualify as a «professional legal adviser».

Lord Rodger emphasised [68] that privilege would similarly have applied «to presentational advice sought from lawyers by any individual or company who believed himself, herself or itself to be at risk of criticism by an inquiry», emphasising that the «defence of personal reputation and integrity is at least as important to many individuals and companies as the pursuit or defence of legal rights whether under private law or public law».

121.19 (1) An oral or written statement or report made under this Act by an actuary or former actuary of the insurer has qualified privilege.

In administrative proceedings, the Swiss Competition Commission issued guidelines and held that a document may not be searched and seized if it relates to correspondence between a company investigated by the Commission and a registered Swiss attorney or attorneys authorised in member states of the EU or EFTA (which means that correspondence with attorneys from third - party states is not deemed to be protected under legal privilege by the Swiss Competition Commission).

However, if the accounting firm was not acting under the direction of the lawyer and was not retained to assist the lawyer in providing legal advice, the work of the accounting firm may not be protected by the attorney — client privilege.

Incriminatory material The correct analysis was that the privilege against self - incrimination might be engaged by a requirement of disclosure of knowledge of the means of access to protected data under compulsion of law.

One of the Bek arguments on appeal was that the district court was wrong for admitting patient medical information and records because they were protected by both a doctor - patient privilege and a privacy interest created under HIPAA.

Under Romanian law, communication with in - house legal counsel who are not admitted to the Bar is not protected by legal privilege.

Under the ABA Standards, the corporation is not required to provide documents covered by the attorney — client or work - product privilege, or documents for which disclosure would be «inconsistent with applicable law.

If the privilege is inapplicable or unclear, counsel should, initially, be aware that communications pertaining to their clients that were generated during the course of an internal investigation under the direction and supervision of in - house counsel, as opposed to locally licensed external counsel, may not be privileged and may be subject to discovery by authorities and third parties.73 Privilege protections may also not apply to documents and communications generated during internal investigations under the direction or supervision of an internal or external compliance or auprivilege is inapplicable or unclear, counsel should, initially, be aware that communications pertaining to their clients that were generated during the course of an internal investigation under the direction and supervision of in - house counsel, as opposed to locally licensed external counsel, may not be privileged and may be subject to discovery by authorities and third parties.73 Privilege protections may also not apply to documents and communications generated during internal investigations under the direction or supervision of an internal or external compliance or auPrivilege protections may also not apply to documents and communications generated during internal investigations under the direction or supervision of an internal or external compliance or audit team.

The appellants argued that statements made during council meetings are akin to statements made in the federal and provincial parliaments and should be protected by way of a similar speech immunity.8 The absolute privilege enjoyed by members of the legislatures and Parliament, encompassed under the umbrella of «parliamentary privilege,» secures the right of parliamentarians to speak and debate freely in parliamentary proceedings with immunity from civil or criminal action.

No solicitor - client privilege applies because the legal opinion sought by the executrix was to further the interests of the beneficiaries under the will: Re Ballard Estate at p. 354.

The result of limiting EU legal professional privilege is such that documents prepared by in - house lawyers that are subject to privilege under local laws (for example, in England and Wales) will not generally be protected vis - à - vis the Commission (or other parties) in the context of a competition investigation.

[11] Some legal precedent in the United States, however, suggests that witness interviews conducted by non-attorneys may be protected by the attorney — client privilege where the interviews were authorised by and conducted under the direction of the company's in - house or outside counsel.

Under California Vehicle Code 14601, it is a crime to operate a motor vehicle when you know that your driving privileges have been suspended or revoked by the state.

Nonetheless, under Section 1983, the Smiths must prove that the conduct complained of deprived them of «a right, privilege or immunity secured by the constitution or laws of the United States.»

Attorney — client privilege may only be claimed under Nigerian statutory law where a legal practitioner has been engaged and has received information from his or her client «in the course of and for the purpose of his employment as such legal practitioner by or on behalf of his client».

Under Maine law, an employer has a qualified privilege against a defamation claim by a former employee, meaning as long as the employer is truthful and does not act maliciously, it is immune from liability.

They refused to acknowledge a class ‑ based constitutional basis for journalist - source privilege under s. 2 (b) of the Charter, citing the reasons identified in the recent decision in R. v. National Post (mentioned previously here on Slaw by Simon Chester),