News & Analysis as of

Attorney-Client Privilege

An Ounce Of Data Breach Prevention…Address Attorney-Client Privilege In Your Breach Planning

by Jackson Lewis P.C. on

Data breach “horror” stories have become a new staple in today’s business environment. The frequency of attacks which threaten (or compromise) the security of business networks and information systems continually increases —...more

Protecting Communications From PR Privilege Issues

by Pepper Hamilton LLP on

Two recent cases in state appellate court show the risks of sharing privileged communications with public relations consultants. But they also provide practical guidance on how to protect the confidentiality of...more

Private Equity and Privilege: Why Recent Legal Developments Matter to Buyout Firms

by Latham & Watkins LLP on

Legal professional privilege allows clients to share information with lawyers, knowing it need not be revealed in court. Privilege extends to legal advice generally, and to documents prepared in contemplation of litigation. ...more

Internal Investigations and Privilege: The Alberta Court of Appeal Weighs In

by Bennett Jones LLP on

The documents and records of an internal investigation into a workplace accident may be privileged notwithstanding a statutory obligation to carry out an investigation and prepare a report, the Alberta Court of Appeal...more

Deeper Dive: Application of Work-Product Doctrine to Forensic Investigations

by BakerHostetler on

In a recent post, we addressed the role a forensic investigation plays in a company’s response to a data security incident. We noted that to maximize the likelihood that a forensic firm’s work will be covered by the...more

Cadwalader Loses Work Product and Privilege Claims for 51 Internal Investigation Witness Interview Memoranda: Part I

by McGuireWoods LLP on

Cadwalader Wickersham & Taft lawyers conducted an internal corporate investigation into allegations of self-dealing at Washington Metropolitan Area Transit Authority (WMATA). When a private plaintiff sued WMATA and several...more

Alberta's Highest Court Clarifies OHS Law: Privilege Must Be Proven

by Field Law on

With its decision this week in Alberta v. Suncor Energy Inc, 2017 ABCA 221, the Alberta Court of Appeal has considered and clarified the application of solicitor-client privilege and litigation privilege to incidents under...more

Fifth Circuit Addresses Privilege Log Requirements

by Strasburger & Price, LLP on

In Equal Employment Opportunity Commission v. BDO USA, L.L.P., the Fifth Circuit clarified how to use a privilege log to protect privileged documents. The EEOC subpoenaed information in connection with an employment...more

Can the Privilege Protect Communications in a Public Place?

by McGuireWoods LLP on

If clients and their lawyers engage in otherwise privileged communications in the presence of third parties, the privilege rarely if ever protects the communications. But what if the communications occur in a public place...more

Washington Appeals Court Shoots Holes in Bad Faith Setup, Attorney-Client Privilege

by Cozen O'Connor on

In State Farm Fire & Casualty Co. v. Robert Charles Justus (Case No. 47913-3-II), the Washington Court of Appeals (Division II) ruled on three important issues for insurers relating to bad faith actions. The first issue...more

The E-Discovery Digest - June 2017

The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

[Webinar] Working Effectively with Counsel During Investigations and Contest - July 19th, 1:00pm ET

by Conn Maciel Carey LLP on

Dealing with enforcement isn’t at the top of any operator’s favorite things list. It can be a stressful and concerning experience for even the most seasoned operations. Often companies decide to engage with legal counsel...more

Here We Go Again! DOL Proposes to Rescind the Permanently Enjoined “Persuader” Rule (and Perhaps Revise It)

The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more

An Inadequate Privilege Log, Or Even The Failure To Serve A Privilege Log, Will Not Result In The Waiver Of The Attorney-Client...

by Weintraub Tobin on

In Catalina Island Yacht Club v. Superior Court (2015) 242 Cal.App.4th 1116, the California Court of Appeal (Fourth District, Division Three), squarely addressed the question: “May a trial court find a waiver of the...more

Good Faith Affirmative Defenses Waiving Attorney-Client Privilege and Work-Product Protection Under the “At Issue” Doctrine

On May 8, 2017, the U.S. Bankruptcy Court for the Middle District of Florida entered an order compelling production of attorney-client communications between Regions Bank and its counsel, finding that Regions had put those...more

What Communications Between a Lawyer and Client are Protected by Solicitor-Client Privilege?

by Bennett Jones LLP on

Solicitor-client privilege applies broadly to the continuum of communications concerning matters within the solicitor-client relationship, the BC Court of Appeal recently held in British Columbia (Attorney General) v. Lee,...more

Department of Labor Moves To Rescind “Persuader Rule” with Notice of Proposed Rulemaking

On June 12, 2017, the U.S. Department of Labor’s (“DOL”) Office of Labor-Management Standards published a notice of proposed rulemaking regarding its intention to rescind the so-called “persuader rule,” moving the DOL one...more

Limits On "Self-Help" Discovery In FCA Cases

As illustrated by a recent decision by a federal court in Massachusetts, it is not uncommon for an employee to take company documents that the employee believes will support a claim under the False Claims Act 31 U.S.C. 3729...more

Employers May Wish to Update Electronic Access Policies to Assure Access to Employee's Emails with Counsel - New York Appellate...

by Holland & Knight LLP on

In most states, it is fairly clear that attorney-client privilege does not apply to communications between an employee and the employee's personal lawyer if the communications are made using the employer's email system and if...more

Reading Inadvertently Disclosed Privileged Documents Risks Disqualification

by McGuireWoods LLP on

Nearly every case focusing on inadvertently disclosed privileged communications (during document productions or at other times) focuses on the privilege waiver implications. However, the stakes can be much higher....more

Partnering Perspectives - Summer 2017

As we implement the Eversheds Sutherland combination and expand our ability to serve clients around the globe, our US and international teams are working together to analyze issues impacting clients doing business in multiple...more

Just When You Thought It Was Safe To Use Your Company Computer*

by Farrell Fritz, P.C. on

In Miller v. Zara USA Inc., (2017 N.Y. Slip Op. 04407, 1st Department June 6th, 2017), the First Department held that where, as here, a company’s written employment guidelines clearly provide that employees have no reasonable...more

Day 15 of One Month to Better Investigations and Reporting-the Parameters of Privileges

by Thomas Fox on

The concept of privilege in an internal investigation is critical. Two important privileges are the attorney/client privilege and the work product privilege. Unfortunately both are often miss-understood, miss-applied and...more

U.S. Department Of Labor Issues Notice Of Proposed Rulemaking on Rescinding “Persuader Rule”

by Poyner Spruill LLP on

On June 12, 2017, the Labor Management Standards Office of the U.S. Department of Labor issued a “Notice of Proposed Rulemaking” to rescind a 2016 final rule (referred to as the “Persuader Rule”), passed under the Obama...more

Joint Defense Agreements Are Not Protected By The Attorney-Client Privilege

by Brooks Pierce on

Why would any lawyer think that his Joint Defense Agreement, entered into with a co-defendant, was protected from production by the attorney-client privilege? Well, the lawyer for one of the Defendants In AP Atlantic, Inc.,...more

901 Results
|
View per page
Page: of 37
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.