Attorney-Client Privilege Appeals

News & Analysis as of

California Appellate Court Addresses Release of City Attorney’s Private E-mails

An appellate court ordered a trial court judge to reconsider his order that e-mails to and from the San Diego city attorney’s personal account be released publicly. The League of California Cities argued that e-mails between...more

Attorney-Client Privilege Not Waived in Mistaken Records Release, California Appellate Court Finds

*As published in PublicCEO A Bay Area school district that inadvertently released attorney-client privilege documents following the resignation of its superintendent did not waive its disclosure exemption right granted...more

Rhode Island Supreme Court Addresses Deposition Conduct And Instructions Not To Answer

Rhode Island has long honored the late Professor Robert B. Kent’s teachings on civil procedure, including his opinions concerning depositions. In keeping with Professor Kent’s teachings, Rhode Island courts take the position...more

D.C. Circuit Once Again Upholds Privilege Over Internal Investigation Documents

In United States ex rel. Barko v. Halliburton Co. et al., a qui tam suit we previously covered, the District of Columbia Circuit Court of Appeals once again ruled that defense contractor KBR Inc.’s internal investigation...more

Whew! That Was Close – D.C. Circuit Reaffirms Application of Attorney-Client Privilege and Attorney Work Product Doctrine in...

On August 11, 2015, the U.S. Court of Appeals for the D.C. Circuit issued a writ of mandamus supporting the robust applicability of the attorney-client privilege and attorney work product doctrines in the context of False...more

District Court Stays Action Pending Appellate Review of Motion to Compel Privileged Documents

The district court had previously ordered plaintiffs to produce certain documents to the extent that documents containing communications between plaintiff and its non-attorney patent agents were not subject to the...more

Preserving the Corporate Privilege in Internal Investigations: DC Circuit Clarifies Scope of the Privilege in Important Series of...

For the second time in just over a year, the DC Circuit granted the extraordinary remedy of a writ of mandamus to protect a company’s assertion of privilege over materials relating to an internal investigation. In a...more

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

A Confidential Consultation?

The Court of Appeal reaffirms the qualified nature of legal professional privilege. In the recent case of R v Edward Brown (formerly Latham) the Court of Appeal held that it was appropriate, in certain circumstances, to...more

D.C. Circuit Upholds Attorney-Client Privilege Again in In re Kellogg Brown & Root, Inc.

On August 11, 2015, the U.S. Court of Appeals for the D.C. Circuit granted a petition by Kellogg Brown & Root, Inc. (“KBR”) for a writ of mandamus in order to protect KBR’s assertion of attorney-client privilege over its...more

D.C. Circuit Reaffirms Validity of Attorney-Client Privilege and Work Product Protection in Internal Investigations

On August 11, 2015, in United States ex rel. Barko v. Halliburton et al., No. 14-5319, slip op. (D.C. Cir. Aug. 11, 2015), the U.S. Court of Appeals for the D.C. Circuit issued an important opinion vacating another series of...more

Appeals Court Clarifies Attorney-Client, Work Product Privileges in Internal Investigation Context: 3 Takeaways

In its latest review of the attorney-client and work product privileges in In re: Kellogg Brown & Root, Inc. (“In re KBR”), the US Court of Appeals for the DC Circuit again rejected the district court’s restrictive...more

Appeals Court Decision Protects Attorney-Client Privilege in Internal Investigation

In In re Kellogg Brown & Root, Inc., et al., No. 14-5319 (D.C. Cir. August 11, 2015), the Court reversed a district court’s ruling that KBR waived these protections by using materials created in the course of a privileged...more

DC Circuit reaffirms confidentiality of internal investigation communications

For the second time in 14 months, the US Court of Appeals for the DC Circuit has taken the extraordinary step of issuing a writ of mandamus to stop a federal district court from requiring a federal government contractor to...more

D.C. Circuit Weighs In Once Again in KBR Privilege Fight

In the ongoing saga which has been the subject of a previous post on this blog, a three-judge panel of the D.C. Circuit Court of Appeals has once again found that the district court erred in ordering the production of the...more

Attorney-Privileged Documents Mistakenly Released Under PRA Still Exempt

California Appellate Court Rules in Case Likely to be Decided by State Supreme Court - A public agency that inadvertently released attorney-client privileged documents to the public did not waive its right for those...more

Solicitor-Client Privilege: The Quebec Securities Regulator Can Summon In-House Counsel to Testify in an Investigation

On July 16, 2015, the Supreme Court of Canada (SCC) denied leave to appeal to an in-house counsel (referred to as Ms. X to protect her identity) in the case of X v. Autorité des marchés financiers. The SCC thus maintained the...more

Under California Law, Attorney Billing Statements Are Confidential Communications

In County of Los Angeles Board of Supervisors et al. v. The Superior Court of Los Angeles, 2015 DJDAR 4085, the California Court of Appeal for the Second District ruled that attorney invoices may be confidential...more

June 2015: Insurance Litigation Update

New York’s First Judicial Department Splits from Other Courts and Applies Common Interest Privilege to Communications Not in Anticipation of Litigation. Last December, the Appellate Division of the Supreme Court of New York,...more

Legal Advice Privilege – HK Court of Appeal Steers Away from Three Rivers

On June 29, 2015, the Court of Appeal of the HKSAR handed down an important judgment relating to legal advice privilege. The Court of Appeal decided to adopt the “dominant purpose test” when considering whether legal...more

California Law: Attorney Billing Records Protected by Attorney-Client Privilege - A Closer Look at County of Los Angeles Board of...

In an important new decision, the California Court of Appeal held in County of Los Angeles Board of Supervisors v. Superior Court (ACLU of Southern California) that attorney invoices are confidential in nature and are...more

I Think We’re Alone Now: Applying the Common-Interest Privilege When No Litigation is Pending

Recently, the New York Appellate Division broadened that state’s common-interest privilege doctrine. In Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 124 A.D.3d 129 (N.Y. App. Div. 1st Dep’t 2014), the court removed...more

Contempt Charge Vacated Based On Valid Assertion of Attorney Client Privilege - Waste Management of Washington, Inc. v. Kattler et...

Finding that a district court had not provided procedural due process to an attorney for a sanctioned party, and that the district court abused its discretion in imposing sanctions for civil contempt against the attorney, the...more

Attorney-Client Privilege

In Everest Indemnity Insurance Company v. Rea, the Arizona Court of Appeals held that an insurer does not waive the attorney-client privilege by asserting the defense of subjective good faith in a bad faith case unless it...more

Arizona Court of Appeals Finds No Implied Waiver of Insurer’s Attorney Client Privilege by Defending a Bad Faith Case Based on...

A recent Arizona Court of Appeals decision, Everest Indemnity Insurance Company v. the Hon. John Rea, Judge of Sup. Ct of State of Az.,2015 WL 195450, addresses the attorney-client privilege in a bad faith case. Everest...more

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