Commercial law dissertation ideas

An even more significant ruling, however, was the denial of the motion for a protective order.  The memorandum in question was a memo generated by Joseph Dempsey, an attorney, summarizing a meeting held in 2010, at which the municipal applications for the development were discussed.  Defendant obtained the document through a third-party subpoena served upon one of the participants to the meeting, Victor Prusinowski.  Mr. Prusinowski described in his deposition that he was an expediter or “land-use consultant”.  The court held that the memo was not protected from disclosure on three grounds.  First, Prusinowski’s advice, as a non-lawyer service provider, while “important” to the legal advice given to the clients, was not “given to facilitate such legal advice”, and therefore the agency principle did not apply here and his presence waived any privilege.  Second, even if it were privileged, the court concluded that there was a waiver, since “plaintiffs’ took no concrete steps to obtain a ruling” or seek a claw-back for nearly two years.   Finally, the court concluded that the memo prepared by Dempsey was not considered “work product”, since he wasn’t acting as counsel when prepared.  The memo did not contain “language uniquely reflecting a lawyer’s learning an [sic] professional skills, including legal research, analysis, conclusions, legal theory or strategy”.

Oberlandesgericht = OLG = Provincial Court of Appeal OLG 1 July 1994, 4 R 161/94. Arts. 4, 7, 25, 35, 36, 38, 39, 46, 49, [translation available] - 1st instance LG Feldkirch 29 March 1994 [affirmed] OLG Innsbruck 26 April 2002, 4 R 58/02i ( Tapping equipment for restaurant case ). Arts. 38, 39, OLG Innsbruck 1 February 2005, 1 R 253/04x. Arts. 8(3), 9(1), 19(1), 25, 39, 73(2), [translation available] - 1st instance LG Innsbruck (GZ 12 Cg 32/02i-22) 6 February 2003 - 2d instance OLG Innsbruck (GZ 1 R 90/03-27) 3 June 2003 - 3d instance OGH 17 December 2003 - 4th instance LG Innsbruck 9 July 2004 - 6th instance OGH 31 August 2005 OLG Innsbruck 18 December 2007, 1 R 273/07t ( Steel bars case ). Arts. 3, 6, 8, 13, 14, 18, 29, [translation available]

Commercial law dissertation ideas

commercial law dissertation ideas


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