News & Events

Litigation Partner Buzz Frahn was quoted in a Reuters article titled, “Undermining Erie? HannStar wants en banc 9th Circuit to review privilege ruling” and a Courthouse News article titled, “HannStar Wants Rehearing on Settlement.” Both articles discuss Simpson Thacher’s recently filed petition on behalf of client HannStar Display Corporation that requests rehearing en banc in the Ninth Circuit to address a ruling that undermines the fundamental Erie doctrine, which holds that federal courts hearing state law claims must apply state law. In the Reuters article, Buzz said that the choice-of-law inquiry on privilege issues in federal court has been straightforward. “The panel's ruling in the HannStar case . . . is a stark departure. The decision, if left to stand, means that there will be a vast overreach of federal judicial power, replacing state policy, and in direct contradiction of a Congressional mandate and the longstanding precedent of the Supreme Court,” he said.

To read the full Courthouse News article, please click here. The Reuters article is available through Westlaw. Additional coverage includes a blog post published on Presnell on Privileges. To read the full blog post, please click here.