Scope Of Attorney-Client and Work-Product Waivers When Relying On An Opinion Of Counsel

Law360, New York (May 16, 2006, 12:00 AM EDT) -- One of the most vexing decisions patent infringement defendants often face is whether to rely on an opinion of counsel to defend against allegations that their infringement is willful. A competent opinion that the asserted patent is invalid and/or not infringed may go a long way toward avoiding a finding of willful infringement and the imposition of trebled damages. However, relying on an attorney opinion waives attorney-client privilege and attorney work-product protections. Accused infringers must therefore carefully weigh the benefits of producing an attorney opinion against...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.