Thursday, January 24, 2019

Case of the Day: In re Abilify Aripiprazole Prods. Liab. Litig., 2019 U.S. Dist. LEXIS 3279 (N.D. Fla. Jan. 8, 2019)


In a discovery dispute, the plaintiff (who requested the documents) challenged the validity of the privilege log produced by the defendant. The plaintiff claimed the log did not differentiate the legal personnel involved in Japan, whether they were members of the bar (bengoshi), law student clerks or patent attorneys (benrishi). Plaintiffs claimed the distinction was necessary as attorney-client privilege attaches only to licensed attorneys.

The court held the issue was moot, as the defendant submitted a declaration that it made no claim of privilege based only on unlicensed personnel.


You need to know so much in case of international litigation, including the classification of legal personnel in a foreign jurisdiction!

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