The Federal Lawyer

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Time to Evolve the Attorney-Client Privilege to Protect Communications Stored Electronically
The bedrock of the federal criminal justice system is composed, in part, by privileges found in common law. Federal Rule of Evidence 501 requires federal judges to interpret common law privileges “in light of reason and experience.” The Supreme Court of the United States (SCOTUS) noted the attorney-client privilege, which may begin before or after a civil or criminal action commences, is the oldest common law privilege in the American judicial system.

Features

Clear! Reviving the Right to Removal
Imagine that your client receives notice that an investor sued them for an equitable accounting claim. You recommend that the client keep the single-count action in state court. Then, over one year later, the plaintiff amends the complaint to add claims for breach of the Florida Securities and Investor Protection Act, breach of the Florida Adult Protective Services Act, fraud, breach of fiduciary duty, and negligence.
Time to Evolve the Attorney-Client Privilege to Protect Communications Stored Electronically
The bedrock of the federal criminal justice system is composed, in part, by privileges found in common law. Federal Rule of Evidence 501 requires federal judges to interpret common law privileges “in light of reason and experience.”
“Tippee” Liability After Salman
Just as a person who owes a fiduciary duty to an employer or client may not trade on nonpublic, inside information, he or she is also prohibited under federal securities laws from disclosing inside information, or “tipping,” to others (the so-called “tippees”) for trading purposes.
Hamilton and Judicial Review
Marbury v. Madison is the pivotal decision of the U.S. Supreme Court in which Chief Justice John Marshall declared the right of the federal courts to review congressional legislation to determine if such legislation is inconsistent with the Constitution of the United States of America.
DAPL: Storm Clouds on the Horizon in Indian Country
The conflict between the Standing Rock Sioux Tribe, Energy Transfer Partners (the company seeking to build the Dakota Access Pipeline (DAPL)), and the U.S. Army Corps of Engineers over DAPL catapulted the issue of the impact of energy infrastructure development on American Indian tribes to the forefront of national consciousness.