Tag: privilege

  • Case of the Day: Masillionis v. Silver Wheaton Corp.

    The case of the day is Masillionis v. Silver Wheaton Corp. (C.D. Cal. 2018). The case was for securities fraud. Silver Wheaton was a Canadian corporation whose shares traded on the NYSE. Masillionis claimed that Silver Wheaton had failed to disclose to investors a risk that Canada’s tax authority could reassess its tax liability for […]

  • Sgt. Bergdahl Pleads Guilty

    Sgt. Bowe Bergdahl pleaded guilty to desertion and misbehavior before the enemy at his court-martial yesterday. Apparently the plea came without any agreement with the government, suggesting that Bergdahl is, in effect, throwing himself on the mercy of the military judge (he elected to have his case tried before a judge alone rather than a […]

  • Boal v. United States: The Bergdahl Case, Serial, and the Belfast Project

    Boal v. United States: The Bergdahl Case, Serial, and the Belfast Project

    Season 2 of the excellent podcast, Serial, featured the story of Sgt. Bowe Bergdahl, the American soldier who walked away from his post in Afghanistan, was captured and held for about five years by the Taliban before being released in a prisoner exchange. He is to be tried by a general court martial on charges […]

  • Case of the Day: In re Chevron Corp.

    Our case of the day, In re Chevron Corp. (3d Cir. 2011), is the Third Circuit’s contribution to the dozens of Lago Agrio-related judicial assistance proceedings around the country. I won’t rehash the background to the Lago Agrio case again, except to say that the Third Circuit evidentally shares my sense of the irony involved […]

  • Digest for January 31, 2011

    Gucci America v. Guess?, Inc., 271 F.R.D. 58 (S.D.N.Y. 2010). In a trademark infringement case, the plaintiff, an American affiliate of an Italian manufacturer, sought a protective order to prevent disclosures of communications between its in-house counsel and the Italian firm’s counsel. The court held that U.S. law rather than Italian law governed the issue […]