Peter J. Goss recently commented for a Law360 article entitled “The 3 Biggest Blunders With Attorney-Client Privilege.” Goss cautioned that written memoranda containing advice on changes to business practices are often difficult or impossible to “claw back” after inadvertent disclosure. These memoranda can prove troublesome when they recommend a course of action that the company ultimately decides not to take. For that reason, Goss recommends that lawyers confer closely with the affected businesspeople before reducing their advice to writing. “This is important for the lawyers involved in generating a piece of writing that could affect a course of a business practice,” Goss said. “It’s important that before lawyers put pen to paper that they’ve spoken to all of the business people who will be affected by it, and vetted the message with them so that when the memo is generated, there won’t be any surprises for the business.” The article is available to Law360 subscribers here.
Mr. Goss focuses his national practice on pharmaceutical and medical device product liability litigation and toxic torts. He has represented global pharmaceutical, medical technology, and chemical firms in hundreds of cases. Mr. Goss often serves as “science counsel” in life sciences litigation. He collaborates with leading experts to present complex medical and scientific evidence, both in dispositive motions and at trial. He is a frequent commentator on scientific evidence, products liability, and legal developments of interest to his clients.
Blackwell Burke P.A., a litigation and trial boutique in Minneapolis, Minnesota, serves as national trial and litigation counsel for several Fortune 500 companies. The firm has extensive experience in class action defense, commercial litigation, food industry defense, labor and employment, and products liability. The firm has represented corporate clients in state and federal courts throughout the country and in several foreign jurisdictions.
For more information about Blackwell Burke P.A. or Mr. Goss, please contact Kandy Branch at 612-343-3235 or [email protected].