California Employment Law Update

Tag Archives: attorney-client privilege

City Attorney Should Not Have Been Disqualified From Representing City

City of San Diego v. Superior Court, 2018 WL 6629322 (Cal. Ct. App. 2018) As part of an internal affairs investigation regarding the unauthorized disclosure of a confidential police report, the San Diego Police Department questioned detective Dana Hoover regarding communications she had had with an attorney who was representing her in an employment-related lawsuit … Continue Reading

Ninth Circuit Rejects “Selective Waiver” Theory Of Preserving Attorney-Client Privilege

In re Pac. Pictures Corp., 2012 WL 1640627 (9th Cir. 2012) Although this case did not arise in the employment context, it has implications in labor and employment litigation matters in which a government agency is involved. The question the Ninth Circuit decided is whether a party waives the attorney-client privilege forever by voluntarily disclosing … Continue Reading

Employee-Attorney’s $440,000 Verdict Against LA Housing Authority Is Affirmed

Cordero-Sacks v. Housing Authority of Los Angeles, 200 Cal. App. 4th 1267 (2011) Ada Cordero-Sacks was terminated from her position as an attorney in the Los Angeles Housing Authority’s Office of Internal Control following her investigation of alleged internal misconduct and fraud within the Authority. Cordero-Sacks’s claim for retaliatory discharge under the California False Claims … Continue Reading

Attorney-Client And Work Product Privileges Were Only Partially Waived

 Hernandez v. Tanninen, 604 F.3d 1095 (9th Cir. 2010) Rolando Hernandez alleged claims of race and national origin discrimination based on disparate treatment, retaliation, and a hostile work environment while he was employed as a mechanic in the Fire Shop of the City of Vancouver, Washington. Hernandez sued the city and another employee, Mark Tanninen. … Continue Reading

Audio Recording Of Plan To Steal Competitor’s Employees And Trade Secrets Was Admissible

Jasmine Networks, Inc. v. Marvell Semiconductor, Inc., 117 Cal. App. 4th 794 (2004) Marvell Semiconductor, Inc. and Jasmine Networks, Inc. are competitors in the business of designing and manufacturing telecommunications chips. Marvell offered to buy some of Jasmine’s technology, along with some of its engineers, and Jasmine accepted after negotiating a nondisclosure agreement preventing Marvell … Continue Reading

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

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

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
LexBlog