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Attorney-Client Privilege Defamation

Vinson & Elkins LLP

Review of Attorney-Client Privilege, Work Product Doctrine, and the Crime-Fraud Exception

Vinson & Elkins LLP on

A recent privilege dispute in E.D.N.Y. case La Liberte v. Reid provides a prime opportunity to review the law and practical aspects surrounding attorney-client privilege, work product protection, and the crime-fraud exception...more

Hinshaw & Culbertson - Lawyers for the...

Illinois Appellate Court Rejects the Crime-Fraud Exception in a Defamation Claim

James MacDonald vs. Sally Wagenmaker, et.al., 2024 IL App (1st) 230089 (March 1, 2024) - Brief Summary - An Illinois appellate court reversed a discovery order compelling the defendant law firm to produce privileged...more

ArentFox Schiff

Illinois Appellate Court Declines to Extend Crime-Fraud Exception To Defamation Claims

ArentFox Schiff on

Allegations of defamation and conspiracy to defame alone are insufficient to establish the crime-fraud exception and defeat the attorney-client privilege, the Illinois Appellate Court recently held. In MacDonald v....more

Morgan Lewis

Recent Case Highlights Considerations for Working with Media Consultants During a Crisis

Morgan Lewis on

A Pennsylvania Superior Court decision declining to extend attorney-client privilege to media consultants illustrates best practices for how a company should manage communications with outside consultants during a crisis...more

Payne & Fears

California Court of Appeal Clarifies the Limits of the Attorney-Client Privilege for Communications with an Attorney and a Third...

Payne & Fears on

A recent decision by the California Court of Appeal in Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017), is a reminder that a party’s communications with an attorney and a third party consultant must be reasonably...more

Troutman Pepper

Sharing Legal Communications With PR Firm Raises Privilege Issues for Hospital

Troutman Pepper on

A recent case in Pennsylvania reminds companies to think carefully about sharing their attorney-client communications with third parties, such as public relations firms. On March 13, a unanimous three-judge panel of the...more

Hinshaw & Culbertson LLP

Communications Between Public Relations Firm and Counsel Held Not Privileged

Behunin v Superior Court, __ Cal. Rptr. 3d ___ 2017 WL 977095 (March 16, 2017) - Brief Summary - The Second District of the California Court of Appeal ruled that communications between counsel and a public relations...more

McGuireWoods LLP

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

McGuireWoods LLP on

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

Melito & Adolfsen

In Front, Inc. v. Khalil, NY Court of Appeals refuses to extend absolute immunity from defamation claims accorded litigation...

Melito & Adolfsen on

Answering the open question of whether pre-litigation communications by attorneys are entitled to the same absolute privilege from defamation claims as litigation communications, the Court of Appeals has just held that they...more

Polsinelli

Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?

Polsinelli on

Social media at work: What's allowed and what isn't? Facebook and LinkedIn are eradicating the carefully crafted compartments that generations have relied upon in leading their lives. Denver attorney Sean Gallagher shares how...more

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