26 Cited authorities

  1. U.S. v. Richey

    632 F.3d 559 (9th Cir. 2011)   Cited 346 times
    Holding 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
  2. United States v. Graf

    610 F.3d 1148 (9th Cir. 2010)   Cited 345 times   9 Legal Analyses
    Holding that "when a Rule 29 motion is made on a specific ground, other grounds not raised are waived"
  3. Nat'l Union Fire Ins. v. Murray Sheet Metal

    967 F.2d 980 (4th Cir. 1992)   Cited 391 times   3 Legal Analyses
    Holding 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."
  4. Weil v. Investment/Indicators, Research & Management, Inc.

    647 F.2d 18 (9th Cir. 1981)   Cited 429 times   2 Legal Analyses
    Holding subjective intent not dispositive and privilege waived
  5. 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 150 times   6 Legal Analyses
    Holding 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”
  6. In re Lindsey

    158 F.3d 1263 (D.C. Cir. 1998)   Cited 184 times
    Holding White House could not assert privilege in grand jury proceeding
  7. In re Horowitz

    482 F.2d 72 (2d Cir. 1973)   Cited 358 times   1 Legal Analyses
    Holding that privilege was waived where client had willingly turned documents over to party other than attorney
  8. U.S. v. Dakota

    197 F.3d 821 (6th Cir. 1999)   Cited 166 times
    Holding that no nexus is required in part because Salinas left the nature of any necessary connection unanswered
  9. Gonzalez v. Banco Cent. Corp.

    27 F.3d 751 (1st Cir. 1994)   Cited 172 times
    Holding that for claim preclusion to apply, a litigant first must have had a full and fair opportunity to litigate her claim
  10. United States v. McPartlin

    595 F.2d 1321 (7th Cir. 1979)   Cited 265 times   2 Legal Analyses
    Holding that the privilege can apply where different lawyers represent clients who have only "some" interests in common
  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,386 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  12. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 16,817 times   106 Legal Analyses
    Holding 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"
  13. Section 315 - Relation to other proceedings or actions

    35 U.S.C. § 315   Cited 539 times   885 Legal Analyses
    Permitting the Director to consolidate separate IPRs challenging the same patent