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Update: Supreme Court Dismisses Privilege Case after Hearing Arguments

Shortly after oral arguments on the correct standard for assessing the application of mixed-purpose communications in In re Grand Jury, the U.S. Supreme Court dismissed its writ of certiorari as improvidently granted.  To...more

The European Court of Justice Clarifies the Scope of Legal Professional Privilege Under EU Law

On December 8, 2022, the European Court of Justice (ECJ), the European Union’s highest court, delivered a landmark ruling in Orde van Vlaamse Balies a.o. (the Judgment) clarifying that legal professional privilege (LPP) is...more

Supreme Court to Take Up the Most Consequential Attorney-Client Privilege Case in Four Decades: What it Means for You

For the first time since its 1981 opinion in United States v. Upjohn, the United States Supreme Court, in a review of the Ninth Circuit’s decision in In re Grand Jury, will examine the scope of the attorney-client privilege...more

Privilege Protection for Antitrust Discussions In Mergers: New Guidance From the Frontlines

Few lawyers would question the need to keep their clients apprised of negotiations with enforcers, particularly where merger approval hinges in the balance. A recent federal district court ruling, however, serves as a...more

Avoiding Inadvertent Privilege Waivers In E-Communications

An evolution in how courts interpret the confidentiality prong of the attorney-client privilege, which requires that both the client and attorney have an expectation of confidentiality in the communication for which the...more

Keeping PR Strategy Communications Privileged: Part 2

Part 1 of this article provided a state-of-the-law overview for when companies, facing high-profile legal challenges, hire public relations firms to work with the company’s lawyers on messaging. This overview noted that...more

Keeping PR Strategy Communications Privileged: Part 1

Companies faced with high-profile legal challenges often turn to outside public relations firms to help them navigate the choppy waters of industry reputation, maintain shareholder confidence and preserve their hard-earned...more

One Year After Ambac: Sharing Information Among Deal Parties

On June 9, 2016, the New York Court of Appeals issued its decision in Ambac Assurance Corp. v. Countrywide Home Loans Inc. and held that the common interest doctrine protects only communications among deal parties that are...more

Second Circuit Clarifies Common Legal Interest and Work Product Doctrines for Material Shared Among Transacting Parties

The U.S. Court of Appeals for the Second Circuit recently ruled that the “common interest” doctrine protects legal and tax liability analysis prepared for a client and subsequently shared with a consortium of banks providing...more

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