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Attorney-Client Privilege Confidential Communications Corporate Counsel

DRI

The Attorney-Client Privilege: Beware of Pitfalls with Use of In-House Counsel

DRI on

The attorney-client privilege is the oldest of the common law privileges for withholding confidential communications recognized in American jurisprudence. It allows a person to seek legal advice and representation without...more

Proskauer - Minding Your Business

New York’s Court of Appeals Holds Some Internal Training Materials Are Privileged

The New York Court of Appeals recently clarified and reinforced the attorney-client privilege, explaining that certain internal training materials reflecting legal analysis of statutory, regulatory, and decisional law...more

Robins Kaplan LLP

Do We Have to Share That Information? Attorney-Client Privilege in the Multi-Entity Context

Robins Kaplan LLP on

A bedrock feature of the attorney-client relationship is the privilege protecting legal-advice communications from prying eyes. Confidential communications between a client and her lawyer are protected to a degree not found...more

Wilson Sonsini Goodrich & Rosati

Swords and Shields: Forging Strong Attorney-Client Relationships

Host Mary O'Brien is joined by Wilson Sonsini corporate partner Craig Sherman as she interviews Bungie General Counsel Don McGowan to discuss forging strong attorney-client relationships. Conversation Highlights: Don...more

Burns & Levinson LLP

Reminders on the Attorney-Client Privilege for In-House Counsel

Burns & Levinson LLP on

I just came across a decision issued in the District of Massachusetts, Logue v. The Rand Corporation, and it reminded me of some key aspects of the attorney-client privilege related to in-house counsel about which I have...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Backs Away from Deciding Scope of Attorney-Client Privilege

The Supreme Court has declined, for now, to decide when attorney-client privilege will apply to communications viewed by courts as made for both legal and other purposes.  In October 2022, the Court granted certiorari in In...more

Sands Anderson PC

Supreme Court Hears Arguments on Application of Attorney-Client Privilege

Sands Anderson PC on

It happens often enough that lawyers receive communications from clients that have a “dual purpose.” In part the communication seeks legal advice. In part, though, the communication asks for business, or family, or personal...more

Allen Matkins

SEC Demands That Covington & Burling "Name Names"

Allen Matkins on

Earlier this week, the United States Securities and Exchange Commission filed a complaint against one of the country's leading law firms - Covington & Burling LLP.  According to the complaint, "threat actors" associated with...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court to Assess Attorney-Client Privilege When Legal and Business Advice Intertwine

The attorney-client privilege protects confidential communications between clients and their attorneys made for the purpose of obtaining or providing legal advice. In Upjohn Co. v. United States, a seminal 1981 decision...more

Woodruff Sawyer

Outside Director Communications: Maximizing the Potential to Protect Attorney-Client Privilege

Woodruff Sawyer on

Email communications can be a trap for unwary independent directors. The December 2020 In re WeWork Litigation decision illustrates the point, as discussed in this earlier blog. Specifically, directors who often use corporate...more

Sullivan & Worcester

A Refresher on Legal Privileges for Client Communications

Sullivan & Worcester on

The multitude of new digital communications and social media platforms available in today’s technologically advanced world is a double-edged sword. As helpful as they are in speeding communications, opening new avenues of...more

Robins Kaplan LLP

Be Warned: As Fiduciary Duties Shift, So, Too, Can Privilege Ownership

Robins Kaplan LLP on

Picture this. Years after leaving your in-house counsel role at Company A, you find yourself being deposed in a litigation matter with Company A’s adversary inquiring into your legal notes and internal privileged...more

Winthrop & Weinstine, P.A.

Changes to Attorney-Client Privilege Rules – What does it mean for you?”

Recent changes to the attorney-client privilege mean Minnesota businesses should consider using additional caution and taking affirmative steps in order keep documents prepared by their lawyers safe from disclosure. The...more

Skadden, Arps, Slate, Meagher & Flom LLP

Law Governing Attorney-Client Privilege for Emails Hosted on Noncompany Servers Continues To Evolve in Delaware

Delaware Rule of Evidence 502(b) codifies the attorney-client privilege and insulates from discovery “confidential communications made for the purpose of facilitating the rendition of professional legal services to the...more

Bass, Berry & Sims PLC

Reminder: When Are Communications with Corporate Counsel Privileged?

Bass, Berry & Sims PLC on

To foster open and honest communications with counsel, it is critically important that those communications are protected from disclosure by the attorney-client privilege. But, not every communication with counsel is...more

Davis Wright Tremaine LLP

Is My In-House Message Privileged? 9th Circuit Clarifies Test for Attorney-Client Privilege and Dual-Purpose Communications

The 9th Circuit recently clarified the bounds of the attorney-client privilege. While the basic assessment of the privilege is simple (it protects confidential communications between attorneys and clients made for the purpose...more

Epstein Becker & Green

Attorney-Client Privilege & Employee-to-Employee Communications

Epstein Becker & Green on

Thanks to multiple means of electronic communication that are available these days, employees communicate with each other more quickly and easily—and as a result, more frequently—than ever before. Email and other electronic...more

Foley Hoag LLP - Security, Privacy and the...

Can You Still Protect Digital Forensic Reports From Discovery? It’s Getting Harder.

A data security incident will always require a technical response, and usually that technical response will come from outside experts. Those experts are hired to investigate and remediate an incident. Since data incidents...more

Hinshaw & Culbertson - Lawyers for the...

Constituent or Client? Inside Embattled Ex-Theranos CEO Elizabeth Holmes' Attempt to Keep Documents in Criminal Case Under Wraps

Elizabeth Holmes—founder of the now-defunct startup Theranos—is on trial for a host of fraud-related allegations. According to the charges brought by the federal government, Holmes and the co-accused Sunny Balwani knowingly...more

Skadden, Arps, Slate, Meagher & Flom LLP

Just Between You and Us

The 10 most common client misconceptions about the attorney-client privilege - Protecting corporate confidences has become more challenging in the COVID-19 world, as directors and executives work from home and other...more

BCLP

Court ruling highlights confidentiality risks for non-employee directors who use outside email addresses

BCLP on

A recent decision by the Delaware Court of Chancery highlights risks for outside directors in using third-party email systems when communicating about confidential company matters. In that case, the court ruled that...more

Fenwick & West LLP

Delaware Chancery Court Rules That Fiduciary’s Use of Email Account Provided by Separate Employer Destroys Privilege

Fenwick & West LLP on

On December 22, 2020, in litigation between WeWork and the Softbank Group, the Delaware Court of Chancery determined that the Softbank Group must hand over several dozen otherwise privileged emails because two SoftBank...more

Nelson Mullins Riley & Scarborough LLP

Preserving the Attorney–Client Privilege when Communicating with Corporate Counsel

Don’t assume the attorney–client privilege protects all pre-litigation communication with in-house counsel. That privilege may not attach or may be easily waived by the unwary. A dangerous and common misconception in the...more

A&O Shearman

Court of Appeal Gives Important New Guidance on Legal Advice Privilege

A&O Shearman on

In a judgment handed down this week, The Civil Aviation Authority v Jet2.Com Ltd [2020] EWCA Civ 35, the Court of Appeal has given important new guidance on a number of issues that arise as to the scope of Legal Advice...more

Eversheds Sutherland (US) LLP

Legal privilege of corporate internal investigations under US law - 2019 caselaw update

Understanding the boundaries of legal privilege in corporate internal investigations is critical. When counsel, either internal or external, misunderstands these boundaries, the result can be disastrous....more

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