Venable litigation partner Brian Zemil has served as the associate editor of Litigation News, a publication of the American Bar Association's Litigation section, since March 2005. Since that time, he has penned numerous articles on litigation topics that have appeared in the print version of the newsletter. Recently, the ABA made past Litigation News print articles available online, including three of Zemil's most recent publications.
Links to these publications are available here:
Attorney-Client Privilege Extends Beyond Corporate Payroll:
Reflecting the courts' increasing willingness to focus on function - not form - in determining privilege issues, an Oklahoma federal court has ruled that the attorney-client privilege protects communications between an accountant, acting as the "functional equivalent" of an employee, and a client's outside counsel…
Court Disqualifies Firm Offering Services Free to Witnesses
A New York state court recently disqualified counsel from representing former and current employees of a corporate client the law firm was defending in an employment discrimination claim because it found that the firm's contact and offer of free services to the potential witnesses constituted an improper attempt to thwart discovery. Rivera v. Lutheran Medical Center...
Do Defendants Speak with One Voice in Reverse-Batson Challenge?
Upholding a reverse-Batson challenge to a defense strike of a white juror, the Second Circuit Court of Appeals has grappled with the issue of whether one defendant's discriminatory intent should be imputed to all defendants, even if the others had justifiable race-neutral reasons for opposing that same juror…