Court Clarifies Attorney-Client Privilege Waiver

Law360, New York (May 9, 2006, 12:00 AM EDT) -- In proceedings that could treble a $73 million damage award, the IP boutique Merchant & Gould LLP will not have to hand over documents that were never given to its client, satellite television provider EchoStar Communications Inc., according to a decision by the U.S. Court of Appeals for the Federal Circuit.

The decision clarifies an area of uncertainty by distinguishing what kind of work, produced by attorneys for their clients to determine possible infringement, falls under attorney-client privilege when that privilege is waived.

In April, EchoStar...
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