Attorney-Client Privilege

News & Analysis as of

Bad Faith Needed for Court to Rule in Favor of Spoliation Sanctions (Illinois)

Charvat v. Valente, 2015 WL 4037776 (N.D. Ill. July 1, 2015) - In this employment case, the plaintiffs alleged that the defendant corporation had engaged in spoliation when it deleted certain files from its employees’...more

Courts Assess Whether Client and Lawyer Agents are Inside or Outside Privilege Protection: Part II

Last week's Privilege Point discussed a court's consideration of privilege protection for communications with client and lawyer agents. Two weeks later, another court analyzed Debevoise & Plimpton's argument that the...more

European M+A News, Summer 2015

IP Pitfalls in Tech M&A Transactions - Technology and IP-driven deals accounted for over 30 percent of M&A deal volume in Europe in 2014. This trend is bound to continue, with many deals involving strategic or financial...more

Circuit Court Affirms $237.5 Million Judgment Against Tuomey

On July 2, 2015, the Fourth Circuit affirmed a $237,454,195 judgment against Tuomey Health Care System (Tuomey) for violations of the Federal False Claims Act (FCA), which liability arose from violations of the Stark law....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

DOL to Employers: 'Most' Independent Contractors Are Unlawfully Misclassified, and We Are Ready to Prosecute Violators

The United States Department of Labor (DOL) has just issued its first “Administrator’s Interpretation” of 2015 (“Memo”). Although the Memo’s stated purpose is to “be helpful” for employers – ostensibly by providing them with...more

Courts Assess Whether Client and Lawyer Agents are Inside or Outside Privilege Protection: Part I

Lawyers and most clients understand that disclosing privileged communications to adversaries waives that delicate protection. But clients lose privilege protection far more frequently when they or their lawyers disclose...more

Proposed California Legislation Would Mandate Asbestos Bankruptcy Trust Disclosures Statewide

California Assemblyman Ken Cooley (D-Rancho Cordova) has introduced and sponsored Assembly Bill No. 597, the Asbestos Tort Claim Trust Transparency Act, which if passed would require asbestos plaintiffs to disclose all...more

Privileged No More: Court Finds Attorney-Client Privilege Does Not Survive After “Death” of a Corporation

The attorney-client privilege is one of the most powerful arrows in the quiver of corporate counsel because of the sheer volume of different situations in which it can be used. The privilege comes in handy for corporate...more

A Review of Recent Whistleblower Developments

SEC Awards Another Whistleblowing Compliance Officer - On April 22, 2015, the Securities and Exchange Commission (SEC) announced an award between $1.4 and $1.6 million to a compliance officer who provided information...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

Real Property, Financial Services & Title Insurance Update: Weeks Ending June 26 & July 3, 2015

REAL PROPERTY UPDATE - Standing: parent entity has no right to enforce note and mortgage owned by subsidiary entity absent evidence that parent entity acquired such right – Wright v. JPMorgan Chase Bank, N.A., Case No....more

Pennsylvania Court Decision Highlights Importance of Properly Invoking Attorney-Client Privilege

On June 5, 2015, the Superior Court of Pennsylvania held that a hospital, UPMC Presbyterian Shadyside (“UPMC”), was improperly ordered to produce information concerning a May 11, 2011 board meeting during which there was a...more

Insurance Recovery Law - July 2015

In the Context of a Bad Faith Claim, Insurer’s Defense That Coverage Denial Was Reasonable Put at Issue Otherwise Protected Attorney-Client and Work Product Communications - Why it matters: Recognizing the “conflicting...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

Challenging an Adversary's Entire Privilege Log

Unless an adversary's entire log clearly falls below the required specificity standard, litigants generally must object to specific log entries rather than challenge the whole log. ...more

What’s NOT Protected by Attorney-Client Privilege?

The attorney-client privilege (Evid C §§950–962) protects a client from disclosure of confidential communications between attorney and client. But not every communication between attorney and client is protected. Do you know...more

Corporate Investigations & White Collar Defense - June 2015

The Unfolding FIFA Scandal: Will the DOJ Show the Banks a Red Card? - Why it matters: The worldwide soccer community has for years decried the brazen corruption that permeated FIFA, international soccer’s governing...more

Massachusetts Court Sheds Light On Deposition Privilege Waiver Issues

Chief Judge Patti Saris of the District of Massachusetts has issued a significant opinion on privilege waivers in the Trustees of Boston University v. Everlight Electronics case. The opinion concerned a deposition in the case...more

Court Takes a Common Sense Approach to Rule 30(b)(6) Depositions

Rule 30(b)(6) of the Federal Rules of Civil Procedure allows corporations' adversaries to insist that the corporation select a spokesman to provide binding testimony about designated topics. These depositions almost...more

IT Project Disputes Management - Managing the Cloudy Skies

In this issue: - Overview of Presentation - Prevention is better than cure - Fix problems in the design phase - Early diagnosis and treatment of problems - So what do you do? - Areas of major...more

Commercial Division of the New York State Supreme Court Implements Rules to Streamline Litigation, Improve Efficiency, Enhance...

Background - In 1995, due to a growing caseload of complex commercial litigation matters being filed in New York State Supreme Court (New York’s trial-level court of “supreme” jurisdiction), the Office of Court...more

Focus on Tax Controversy and Litigation - Supreme Court Decides Maryland v. Wynne and Rules that Maryland Tax Scheme Is...

In This Issue: - Maryland’s Tax Scheme Ruled Unconstitutional - “FTC Generator” Case Update - FSA Rules that Equitable Disgorgement May be Deductible Expense - District Court Upholds Attorney Client...more

Claw Back of Privileged Documents Fails Where Defendants Had Used the Documents in Depositions, Expert Reports and in Briefs...

Defendants filed a motion to compel Adaptix to re-produce documents that Adaptix had clawed back on the grounds of privilege. Adaptix had early produced the documents in several productions. The Defendants argued in the...more

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