Advice of Counsel Affirmative Defense May Waive Attorney-Client Privilege

Attorneys should be aware that they risk waiving attorney-client privilege by asserting an advice of counsel affirmative defense. In an antitrust litigation, the U.S. District Court for the District of Idaho recently granted plaintiffs’ motion to compel certain defendants to produce documents identified on their privilege logs because they had waived attorney-client privilege by asserting…

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Alternatives to Power Morcellation in the Treatment of Uterine Fibroids

There are a number of treatment options available for women with symptomatic uterine fibroids, including traditional, open surgical hysterectomy (performed either vaginally or abdominally) and myomectomy, laparoscopic hysterectomy and myomectomy performed without morcellation (cutting is performed by surgeon, not electronically powered spinning blades), as well as other non-surgical options. There are clear benefits to morcellation.…

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How regulations impact crash investigations

A review of trucking regulations shows why prompt investigation of tractor trailer truck crash is crucial to winning tractor trailer truck injury death cases. You can count on the fact that, even before the dust from the tractor trailer truck crash settles, the truck company or its insurance company will send an investigator to the crash…

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Non-Compete Agreements: Do They Overreach?

A company hires a software engineer, or a stock broker, or perhaps a bio-chemist.  This company, knowing the newly hired employee could in the future use his or her knowledge against them, requires the employee to sign a contract agreeing not to look for a job at a rival company for a set period of…

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Laparoscopic Power Morcellators Used to Treat Uterine Fibroids Could Spread Cancer

Laproscopic power morcellators are electric medical devices used during different types of laparoscopic surgeries.  A set of spinning blades is used to cut tissue. Power morcellation is used in surgeries to treat unterine fibroids, such as removing the uterus (hysterectomy) or removing the uterine fibroids (myomectomy).  Morcellation refers to the division of tissue into smaller…

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Can Your Employer Really Stop You From Taking a New Job?

When an employee leaves one job for another, they often are surprised to find out that their previous employer might be able to prevent them from working in the same industry.  Many employers write provisions into their employment contracts that seek to prevent employees from working for competitors.  However, these provisions do not always comply…

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Meet Nancy Hull Davidson

Phelan Petty is excited to announce the hiring of attorney, Nancy H. Hull.  Prior to joining the firm, Nancy worked in Washington, D.C. at a well-respected international law firm, White & Case, where she practiced in the fields of investment and commercial arbitration.  Nancy will practice primarily in our securities and white collar criminal defense…

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