Nutshell: BofA Will Not Waive Privilege But Will Turn Over Additional Docs

bank of america

  • Today’s BofA/SEC news: the preparing of the privilege log. BofA agreed to turn over additional documents to Congress, but NOT those protected by attorney-client privilege.  Instead, it will prepare a privilege log describing those documents withheld.  The Congressional committee will then determine if any of those documents are “critical” to their review.  (NYT DealBook)
  • An advisory opinion suggested the European Court of Appeals allow Google to sell brand names as key words.  Louis Vuitton and other prominent brands are suing the company for trademark infringement.  (WSJ)
  • Eric Holder’s Justice Department continues to make news.  It will announce as early as today new guidelines that will make it tougher for the government to assert the state secrets privilege. The privilege was oft used during the Bush years to block terrorism-related lawsuits, and the Obama Administration continues to assert the privilege in some cases it inherited.  (NYT)  


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