Bingham Sanctions Case Exposes Dangers Of Privilege Tactics

By Erin Coe (June 10, 2014, 11:13 PM EDT) -- A Massachusetts appeals court's revival Friday of sanctions efforts claiming Bingham McCutchen LLP improperly relied on the work-product doctrine to conceal evidence from an opponent serves as a stark reminder that lawyers need to play it safe and seek outside guidance when privilege protections are questionable, and avoid attacking an opponent for failing to present evidence that has been withheld.

The appellate panel on Friday held a lower court had erred by dismissing the sanctions motion by a group of investors against Bingham McCutchen, which had defended Merrill Lynch Pierce Fenner & Smith Inc. in the investors' case alleging they had...

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