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California Employment Law Blog

Tag Archives: privileged documents

Attorney Who “Excessively Reviewed” Privileged Documents Misappropriated By His Client Was Properly Disqualified

Posted in Employment Law Notes

Clark v. Superior Court, 196 Cal. App. 4th 37 (2011) While he worked as VeriSign’s chief administrative officer, Grant Clark signed VeriSign’s nondisclosure agreement, which included a provision that he would not remove VeriSign’s confidential or privileged information and that he would return any such documents in his possession upon termination of his employment. Clark… Continue Reading

Documents Exchanged Between Parties To Joint- Defense Agreement Should Have Been Examined By Court

Posted in Employment Law Notes

Oxy Resources Cal. LLC v. Superior Court, 115 Cal. App. 4th 874 (2004) Oxy Resources and EOG Resources entered into a complex transaction whereby they exchanged interests in a number of oil and gas producing properties. Oxy and EOG anticipated that Calpine Natural Gas LP might sue them as a result of the transaction and,… Continue Reading

Company Waived Attorney-Client Privilege By Providing Documents To The Government

Posted in Employment Law Notes

McKesson HBOC, Inc. v. Superior Court, 115 Cal. App. 4th 1229 (2004) After McKesson publicly disclosed that its auditors had discovered improperly recorded revenues at a McKesson subsidiary, it became the subject of shareholder lawsuits and investigations by the United States Attorney’s Office and the SEC. McKesson retained an outside law firm to represent it… Continue Reading

Union Members’ Communications With Union Were Not Privileged

Posted in Discrimination, Employment Law Notes, Union Issues, Wrongful Termination

American Airlines, Inc. v. Superior Court, 114 Cal. App. 4th 881 (2003) During the course of his discrimination and wrongful termination lawsuit against American Airlines, Jawad Alamad, a former aircraft mechanic, identified Richard DiMarco, another American employee and Vice President of Local 564 of the Transport Workers Union of America, as having knowledge supporting his… Continue Reading

Litigant And His Lawyer May Have Violated Computer Fraud Statutes By Subpoenaing E-Mail

Posted in Employment Law Notes, Privacy

Theofel v. Farey-Jones, 341 F.3d 978 (9th Cir. 2003) Douglas Wolf and Richard Buckingham, officers of Integrated Capital Associates, Inc. (ICA), were embroiled in commercial litigation against Alwyn Farey-Jones when Farey-Jones’s lawyer, Iryna Kwasny, subpoenaed ICA’s Internet Service Provider, NetGate, broadly seeking “all copies of emails sent or received by anyone.” NetGate, which was not… Continue Reading