четверг, 21 мая 2020 г.

Work-product doctrine / Public nuisance / Edict of government /


Work-product doctrine

In American civil procedure, the work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel.[1] It is also known as the work-product rule, the work-product immunity, and the work-product exception. It is sometimes mistakenly called the work-product privilege. This doctrine does not apply in other countries, where such communications are not protected, but where the legal discovery process itself is much more limited.[2]

 Federal and State Courts Wrestle with Work Production Doctrine Variations
by McGuireWoods LLP on 5/7/2020
United States

Ironically, federal courts interpreting a single sentence from a federal rule take dramatically differing approaches to the work product doctrine. And a handful of states have not adopted that federal work product rule.


Public nuisance

 In English criminal lawpublic nuisance is a class of common law offence in which the injury, loss, or damage is suffered by the public, in general, rather than an individual, in particular.

Potential Liability for Businesses Under the Public Nuisance Doctrine

by Seyfarth Shaw LLP on 5/18/2020
United States

Today, plaintiffs lawyers have already begun testing the doctrine’s viability in COVID-19 litigation. While state law varies, the public nuisance doctrine generally protects the public against unreasonable and substantial interference with a public right. See Restatement (Second) of Torts § 821B (1979).


Edict of government

 Edict of government is a technical term associated with the United States Copyright Office's guidelines and practices that comprehensively includes laws (in a wide sense of that term), which advises that such submissions will not be accepted nor processed for copyright registration. It is based on the principle of public policy that citizens must have unrestrained access to the laws that govern them. Similar provisions occur in most, but not all, systems of copyright law; the main exceptions are in those copyright laws which have developed from English law, under which the copyright in laws rests with the Crown or the government.



Supreme Court Expands the Government Edicts Doctrine to Legislators

by WilmerHale on 5/19/2020
United States

... annotations in Georgia’s official statutory code were “authored by an arm of the legislature in the course of its legislative duties,” the Court decided that the government edicts doctrine put the annotations “outside the reach of copyright protection.” The 5-4 decision revisited the government edicts doctrine for the first time in over ...