Sentences with phrase «subsequent litigation»

The parties to the joint representation should consider defining how such communications will be treated in subsequent litigation even if they do not maintain a privileged status.

We will need to see how this judgment will be followed in subsequent litigation where the legal advisers might be placed in significant financial hardship if found liable for the losses in property fraud.

Employers can rest easy that they are entitled to put genuine offers to employees to settle disputes and retain the protection of the without prejudice rule in subsequent litigation.

This was without prejudice to Cora's right to ask for additional security for costs for subsequent litigation steps.

Aird v Prime Meridian Ltd [2006] EWCA Civ 1866, [2006] All ER (D) 358 (Dec) said that what happens during a mediation is generally privileged and can not be referred to, or relied upon, in subsequent litigation if the mediation does not succeed.

Due to the lack of subsequent litigation on state bond defaults, this and other old cases provide the most recent precedents.

Communications among those in a joint representation can be used in subsequent litigation arising among the group or portions of the group.

Represented a janitorial company with regard to a massive immigration raid which resulted in the termination of over one hundred unionized employees, and in subsequent litigation with the Department of Homeland Security

Managing reductions in force for employers of all sizes while avoiding subsequent litigation; and

In addition, although the Gunn Court noted that state court interpretations of the Patent Act would not be binding on federal courts, [10] final state court judgments determining patent issues, such as validity, infringement, or claim construction, may well be binding on a patentee in subsequent litigation involving the same or related patents.

Mr Patarkatsishvili died and his estate wanted to use the statements in subsequent litigation against Mr Berezovsky.

The «without prejudice» rule exists to encourage parties to reach a settlement of a dispute without fear of anything said during the course of settlement discussion — particularly concessions or compromises — being used against them in subsequent litigation if a settlement is not reached.

All parties should understand the scope of the common representation and that communications that fall within that scope are essentially an open book to those involved in the joint representation, even in the event that subsequent litigation arises among parties in the group.

While it remains to be seen how this matter will resolve itself nationally in subsequent litigation, the notion that police will not be treated as the «Crown» for the purpose Stinchcombe analysis may be a game changer.

After laying this groundwork, Larson gives a full account of the developments leading up to the trial, the trial itself, and the afterlife the trial has had in American culture, from the well - known play and film, Inherit the Wind, to the surprising folk history that arose around Bryan in the South, complete with songs and ballads, to the subsequent litigation over the conflict between creationism and evolution in the schools.

However, the subsequent litigation costs for coverage disputes should not be underestimated.

After a successful appeal before the Second Circuit Court of Appeals and subsequent litigation, the client obtained a recover in excess of $ 100 million.

If two parties are represented by the same attorney in a single legal matter, neither client may assert the attorney - client privilege against the other in subsequent litigation if the subsequent litigation pertained to the subject matter of the previous joint representation.

The previously existing claim is extinguished by the compromise and settlement and, as a result, any subsequent litigation based upon it is barred.

Accordingly, companies making an immunity or leniency application and / or facing a competition authority investigation need advisers who can not only effectively advise on the global risks and benefits of making an immunity or leniency application, and defend the investigation, but also prepare the company for any subsequent litigation and how to manage the process strategically from start to finish.

In the subsequent litigation over the mother's estate, the stepsons attempted to use an allegedly altered version of the recording as evidence.

Can I use it in other or subsequent litigation?

The District of Delaware had to determine whether the former attorneys, who jointly represented both entities, could claim privilege in a subsequent litigation filed by one of the joint - clients against the attorneys.

These two exceptions to attorney - client privilege apply with equal force to the context in which a former joint client sues the joint attorney in subsequent litigation, even if the other joint client does not consent to the disclosure.

That said, it marks the latest in a trend of Ontario courts issuing ever higher awards for bad employer conduct in both dismissal and subsequent litigation.

Such policies should be carefully drafted so as not to undermine claims to privilege in respect of investigation documuments in any subsequent legal proceedings In particular, such policies should be careful to allow for the possibility that the reason for conducting an internal investigation might be for the purposes of any subsequent litigation, in addition to any other possible purposes.

E-mails disclosed by the sons in the subsequent litigation showed that, by expressing concern that Richard was being unduly influenced or lacking in capacity, they were able to obtain details of Richard's affairs, while securing agreement that their communications would be kept a secret from Richard.

The Collaborative Law Process Act, also known as the Collaborative Statute, created a privacy protection so that anything said within the collaborative process could not be used against a client in a subsequent litigation.

It is rare, but possible, that a party may attempt to exploit the mediation process for perceived benefits in subsequent litigation.