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Tag Archives: litigation

Bilta v. RBS: When Will Litigation Privilege Apply to Information Gathering in Internal Investigations

High Court decision provides practical lessons for companies conducting investigations. By Stuart Alford QC, Daniel Smith and Clare Nida The English High Court has reconfirmed that litigation privilege can apply to information gathering in internal investigations. Specifically, lawyers must have engaged in the information gathering for the dominant purpose of conducting litigation, and this can include … Continue Reading

Further Disclosure? Yes, but Not at Any Cost

By Oliver Browne and Hayley Pizzey In very broad terms, parties to English litigation disclose documents that they or their opponents may want to rely upon — even if the disclosed documents are adverse to the disclosing party. Parties may seek orders for further disclosure in certain circumstances. The rules on disclosure are set out … Continue Reading

US M&A Litigation: Will the Changing Landscape Shift to the UK?

By Howard Sobel, Michele Johnson, Sarah Diamond and Anna Hyde Following nearly every announcement of a public-company acquisition in the US, including take-private acquisitions by private equity investors, plaintiffs’ law firms file class actions on behalf of shareholders. These actions are usually based on allegations that the target board of directors breached fiduciary duty (for … Continue Reading
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