Jackson Kelly PLLC

Anticipation of Litigation Advisor

Anticipation of Litigation Advisor - May 2018

May 22, 2018

Welcome to the first edition of Jackson Kelly’s new blog, Anticipation of Litigation Advisor.  Look for this publication each month and enjoy cutting edge tips to ensure your company is #prepared for litigation.

  • “In Anticipation of Litigation” May Not Mean What You Think

The work-product doctrine generally protects from discovery by an adverse party any materials prepared by or for a party, including by in-house counsel, “in anticipation of litigation.” As originally articulated by the United States Supreme Court in 1947, the doctrine was intended to protect from discovery written statements, private memoranda and personal recollections prepared by an attorney in anticipation of litigation. Much has changed in the past 70 years.

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  • "This Email Will Self-Destruct in Five Seconds": Benefits and Risks of Self-Destructing Electronic Communications

“This message will self-destruct in five seconds.”  This is probably the most recognizable quote from the Mission Impossible movie franchise and television series.  Once thought of as futuristic and far-fetched, self-destructing messaging is a very real application in 2018. 

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