U.S. v. Richey
632 F.3d 559 (9th Cir. 2011) Cited 350 timesHolding that where a document serves dual purposes, in that it was not prepared exclusively for litigation, the issue is whether the document was created "because of" the litigation as opposed to for some other purpose
United States v. Graf
610 F.3d 1148 (9th Cir. 2010) Cited 355 times 9 Legal AnalysesHolding that "when a Rule 29 motion is made on a specific ground, other grounds not raised are waived"
Nat'l Union Fire Ins. v. Murray Sheet Metal
967 F.2d 980 (4th Cir. 1992) Cited 394 times 3 Legal AnalysesHolding that anticipation of litigation means that the document must have been "prepared because of the prospect of litigation," and not in the "ordinary course of business."
Weil v. Investment/Indicators, Research & Management, Inc.
647 F.2d 18 (9th Cir. 1981) Cited 434 times 2 Legal AnalysesHolding subjective intent not dispositive and privilege waived
Pac. Pictures Corp. v. U.S. Dist. Court for the Cent. Dist. of California (In re Pac. Pictures Corp.)
679 F.3d 1121 (9th Cir. 2012) Cited 153 times 6 Legal AnalysesHolding that “victim” did not have common legal interest with the government due to a “shared desire to see the same outcome in a legal matter”—i.e., a conviction; “[i]nstead, the parties must make the communication in pursuit of a joint strategy in accordance with some form of agreement—whether written or unwritten”
In re Lindsey
158 F.3d 1263 (D.C. Cir. 1998) Cited 187 timesHolding White House could not assert privilege in grand jury proceeding
In re Horowitz
482 F.2d 72 (2d Cir. 1973) Cited 360 times 1 Legal AnalysesHolding that privilege was waived where client had willingly turned documents over to party other than attorney
U.S. v. Dakota
197 F.3d 821 (6th Cir. 1999) Cited 168 timesHolding that no nexus is required in part because Salinas left the nature of any necessary connection unanswered
Matter of Bevill, Bresler Schulman Asset
805 F.2d 120 (3d Cir. 1986) Cited 216 times 11 Legal AnalysesHolding that the party asserting a joint defense privilege must establish that the communications were made in the course of a joint defense effort, the statements were designed to further the effort, and the privilege has not been waived
Gonzalez v. Banco Cent. Corp.
27 F.3d 751 (1st Cir. 1994) Cited 172 timesHolding that for claim preclusion to apply, a litigant first must have had a full and fair opportunity to litigate her claim
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 23,110 times 16 Legal AnalysesProviding for service via CM/ECF Systems
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 17,403 times 112 Legal AnalysesHolding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
Section 315 - Relation to other proceedings or actions
35 U.S.C. § 315 Cited 548 times 890 Legal AnalysesPermitting the Director to consolidate separate IPRs challenging the same patent