May 23, 2005

ThomsonWest Publishing has recently announced the publication of the Third Edition of Testimonial Privileges, authored by Jenner & Block Partners David M. Greenwald, Edward F. Malone and Robert R. Stauffer.  The comprehensive resource book provides an updated and expanded treatment of the broad array of privileges that can impact the various stages of civil and criminal litigation.  The book is currently available in hardcover, and is available for purchase on ThomsonWest’s website

“The book goes beyond the attorney-client privilege and work product doctrine, and covers the broad array of privileges that apply to litigation,” said Mr. Greenwald, a member of the Firm’s Insurance Litigation and Counseling, Reinsurance, and White Collar Criminal Defense and Counseling Practices.  “Testimonial Privileges provides up to date developments in the law, as well as detailed discussion of, and citations supporting, the fundamentals of each privilege.  We hope the book will be the first place practitioners go when they confront a privilege issue.” 

There are many new developments treated in the book since the last edition was published in 1993.  These include:  

  • the risk of waiver by disclosure of privileged information to the government or to a corporation’s auditors; 
  • attorney-client privilege in the context of patent infringement litigation, including the Federal Circuit’s recent reversal of its negative inference doctrine in Knorr-Bremse Systems Fuer Nutzfahrzeuge GMBG v. Dana Corp.; 
  • expanded treatment of the self-critical/evaluative privilege; 
  • disclosure issues under securities laws; 
  • updated treatment of the journalist’s privilege;
  • a new chapter on the settlement negotiations privilege; and,
  • significant recent developments in the Fifth Amendment privilege against self-incrimination.

Mr. Greenwald frequently speaks on insurance and reinsurance topics, including issues relating to Lloyd’s, Equitas and entities in the London insurance market.  Mr. Greenwald also frequently speaks on the topic of maximizing the protections afforded by the attorney-client privilege and work-product doctrines, particularly with respect to the work of in-house counsel.  

Mr. Malone is a member of the Firm’s Litigation & Dispute Resolution, White Collar Criminal Defense and Counseling, Health Care Law, and Antitrust and Trade Regulation Practices.  He speaks and writes often on compliance and enforcement issues, and is the co-author most recently of "Selected Issues Under the Federal Rules of Evidence" in Federal Criminal Practice (IICLE 2005).

Mr. Stauffer is a member of the Firm’s Litigation & Dispute Resolution, Class Action Litigation, White Collar Criminal Defense, and Health Care Practices, and is author of the article “Enforcement Actions in the Post-Enron World:  Zero Tolerance in the White-Collar Arena," which was published in The Review of Securities & Commodities Regulation in July 2004.

To read the Table of Contents and selected excerpts from “Testimonial Privileges,” please click here