Contact: Andrew Shute and Matthew Payten, Carter Newell (Queensland, Australia)

Legal professional privilege, also known as client legal privilege, is an important tool to facilitate frank legal advice between lawyer and client, going beyond a mere rule of evidence to be considered a ‘fundamental condition on which the administration of justice as a whole rests’.1

Read more: In-house counsel update: Legal professional privilege – independence declines and the purpose...

Author: Att. Ezgi Babur

Anti-suit injunctions are issued by national courts or arbitral tribunals, used especially in common law jurisdictions, in order to protect the jurisdiction of arbitral tribunals, or to prevent the tribunal from assuming jurisdiction. The general explanations on anti-suit injunctions are analyzed in our Newsletter article published in February[1].

Read more: Gazprom Decision of the Court of Justice of the European Union on Anti-Suit Injunctions

By: Brad McCullough

One of the more ubiquitous idiomatic phrases used in recent years has been, “It is what it is.” In three consolidated cases decided last month by the Court of Appeals of Maryland, the Court turned that phrase around and focused on the question, “Is it what it is?” – or, more precisely, “Is it what it says it is?” On April 23, 2015, Judge Battaglia issued the Majority’s opinion in Sublet v. State, Sept. Term 2014, No. 42; Harris v. State, Sept. Term 2014, No. 59; and Monge-Martinez v. State, Sept. Term 2014, No. 60.1 The cases concerned the authentication of information derived from social media, required the Court to expand on its four-year-old decision in Griffin v. State, 419 Md. 343 (2011), and inquired whether three trial judges had suitably answered whether the proffered social media “was what it says it was.”

Read more: Sublet v. State: It is what it is or is it?

By: Rebecca Lacher

Under the newly revised Clery Act, colleges and universities may not ban lawyers from attending and advising their clients at campus disciplinary proceedings involving sexual assault, domestic violence, dating violence and stalking. This is a significant change for many institutions that had previously limited advisors to members of the campus community or expressly barred attorneys. Compounding the change are new state laws, reviewed here, requiring public institutions to allow attorneys to “fully participate” in aspects of campus disciplinary proceedings.

Please click here to read the full Alert.

Read more: Attorneys in the Student Disciplinary Process: Requirements, Restrictions and Best Practices

By: Carl A. Solano and Bruce P. Merenstein

On May 7, 2015, the U.S. Court of Appeals for the Third Circuit affirmed a district court’s grant of partial summary judgment in a dispute about an indemnification agreement. That decision, Lehman Bros. Holdings, Inc. v. Gateway Funding Diversified Mortg. Servs., L.P., 2015 U.S. App. Lexis 7536, would not normally command a great deal of attention — but for the way in which the court reached its result. The court held that Gateway, the party that unsuccessfully opposed partial summary judgment, waived its right to maintain its appeal because it failed to order a transcript of the underlying proceeding in the trial court. That decision, and some strong words by the court in its opinion, have raised concern within the Third Circuit Bar that the court may be becoming more rigid in its application of procedural rules.

Please click here to read the full Alert.

Read more: Are Federal Appellate Courts Growing Impatient with Procedural Errors? — Risks for Clients and...