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Attorney-Client Privilege Defense Strategies

Proskauer - Minding Your Business

AI Got It Wrong, Doesn’t Mean We Are Right: Practical Considerations for the Use of Generative AI for Commercial Litigators

Picture this: You’ve just been retained by a new client who has been named as a defendant in a complex commercial litigation. While the client has solid grounds to be dismissed from the case at an early stage via a...more

Barnea Jaffa Lande & Co.

Document Subpoena from US Authorities: Critical Steps

Barnea Jaffa Lande & Co. on

Receiving a document subpoena from the DOJ, the SEC, or any other US regulatory authority is a stressful and unpleasant situation.   Things may seem even more stressful and complicated if you are a foreign national or company...more

American Conference Institute (ACI)

[Event] 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement - January 23rd - 24th, New York, NY

Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more

Oberheiden P.C.

Federal Grand Jury Indictment Defense Strategies

Oberheiden P.C. on

Federal criminal cases can broadly be divided into four phases: (i) the government’s investigation, (ii) grand jury proceedings, (iii) pretrial practice, and (iv) trial. The empanelment of a grand jury is a critical juncture,...more

Foley & Lardner LLP

Ripple Battle Offers Defense Strategy Against SEC Privilege

Foley & Lardner LLP on

In U.S. Securities and Exchange Commission v. Ripple Labs Inc., a discovery battle over claims of privilege by the staff of the SEC’s Division of Enforcement in combination with a recent U.S. District Court for the Southern...more

Oberheiden P.C.

Civil Investigative Demand Defense Strategies

Oberheiden P.C. on

Civil investigative demands (CIDs) are powerful investigative tools that federal agencies use to gather information in support of a broad range of charges. Identifying the federal agencies that issued a civil investigative...more

Oberheiden P.C.

FDA Warning Letter Response Strategies (Step-By-Step)

Oberheiden P.C. on

FDA Warning letters can be harbinger of formal civil and criminal investigations. If your business receives such a notice of non-compliance from the FDA, you should immediately contact an experienced FDA defense attorney....more

Epiq

Cyberside Chats: Preserving Legal Privilege After a Cybersecurity Incident

Epiq on

Jerich Beason is joined by Melissa Parisi of Herbalife Nutrition and Caroline Morgan of Culhane Meadows to discuss the topic of retaining privilege after engaging a cyber attorney during or after a cyber incident. An...more

Oberheiden P.C.

Served with an FBI Subpoena? Here are 10 Questions You Need to Answer Now

Oberheiden P.C. on

As the nation’s chief domestic investigative agency, the Federal Bureau of Investigation (FBI) has substantial authority to collect information through a variety of different means. This includes utilizing subpoenas to compel...more

Carlton Fields

Washington Federal Court Finds Attorney-Client Privilege Waived by Claims Handler’s Inadvertent Disclosure of In-House Counsel’s...

Carlton Fields on

A federal district court in Washington recently held that a claims handling mishap resulted in a waiver of the attorney-client privilege otherwise protecting a coverage opinion provided by the insurer’s internal legal...more

Carlton Fields

South Carolina Supreme Court’s Quiet Erosion of Insurers’ Attorney-Client Privilege Rights

Carlton Fields on

One decision that flew under the radar in 2019 continues the recent trend of courts to dispense, under among other things the previously discussed “at-issue” waiver doctrine, with insurers’ fundamental rights to...more

Perkins Coie

South Carolina Attorney-Client Privilege Ruling Is a Gift to Insurers

Perkins Coie on

As Law360 recently reported, the South Carolina Supreme Court delivered a gift to insurers facing bad faith claims in that state. The court determined that, where a policyholder brings a bad faith claim against its insurer...more

Troutman Pepper

Are You Sure Those Conversations Are Covered by the Common Interest Privilege? Check the Record

Troutman Pepper on

Imagine you are representing an individual who has been subpoenaed for testimony as part of the government’s investigation of her employer. ...more

Butler Snow LLP

Bad Faith Insurance Defense and Reliance on Advice of Counsel

Butler Snow LLP on

In Mississippi, for a plaintiff to recover punitive damages against an insurance company for bad faith refusal to pay a claim or to fulfill an obligation existing under the terms of an insurance policy, the insured must be...more

Farella Braun + Martel LLP

What’s Privilege Got to Do With It? Practical Tips for Managing Bank Regulators Access to Attorney-Client Privileged Information

The attorney-client privilege, which prohibits the compelled disclosure of confidential communications between an attorney and their client, is enshrined in common law and statutory codes across the country. See, e.g., Cal....more

Foley & Lardner LLP

Illinois Appellate Court Recognizes Common Interest Exception to Waiver of Privilege Rule

Foley & Lardner LLP on

On December 7, 2017, an Illinois appellate court held that co-defendants in a case who agree to share information pursuant to their common interest in defeating their litigation opponent do not waive either the...more

Jaburg Wilk

How to Avoid the Implied Waiver of the Attorney-Client Privilege In Arizona Insurance Bad Faith Cases

Jaburg Wilk on

In State Farm v. Lee, 199 Ariz. 52, 13 P.3d 1169 (2000) (En Banc), the Arizona Supreme Court first held that an Insurer can impliedly waive the attorney-client privilege (the “Privilege”) in a bad faith case, despite not...more

Jaburg Wilk

Guidelines to Assist an Insurer’s Analysis of Whether a Court Will Find an Implied Waiver of the Attorney Client Privilege in...

Jaburg Wilk on

Because Arizona cases touching on this issue are copious, confusing, and complex, we note the following guidelines—though sometimes conflicting—have emerged from Lee and its progeny and will assist an Insurer’s analysis of...more

Jaburg Wilk

Tips to Avoid the Implied Waiver of the Attorney-Client Privilege in Arizona Insurance Bad Faith Cases

Jaburg Wilk on

Although Arizona law regarding the implied waiver of the attorney-client privilege (the “Privilege”) is far from certain, an Insurer may avoid a waiver by following these tips...more

Poyner Spruill LLP

The Common Interest Doctrine: Lessons on avoiding an inadvertent waiver of the attorney-client privilege

Poyner Spruill LLP on

Most lawyers are familiar with the general rule that a client waives the attorney-client privilege by disclosing the privileged information to third parties. The common interest doctrine, however, provides an exception to...more

WilmerHale

CFPB Examinations and Investigations: Defense Strategies and Best Practices

WilmerHale on

The pursuit of examinations and enforcement actions by the Consumer Financial Protection Bureau (CFPB) has created new challenges for entities that provide consumer financial products and services. Given the CFPB’s broad...more

Proskauer - Minding Your Business

Surviving Settlement Provisions in Joint Defense Agreements

Anyone who watches Survivor or Game of Thrones knows that alliances are critical. And while they may be necessary to endure from one day to the next, alliances are inevitably broken. Co-defendants in antitrust cases...more

McGuireWoods LLP

Can Plaintiffs Seek an Adverse Inference from Defendant Corporations' Privilege Assertions?

McGuireWoods LLP on

The attorney-client privilege benefits society by encouraging clients' frank disclosure to their lawyers, but it undeniably conceals highly relevant communications. Surprisingly, only a few courts have addressed plaintiffs'...more

Mintz - Securities Litigation Viewpoints

The Consequences of Waiving the Attorney-Client Privilege

The United States Court of Federal Claims recently issued an Order in Starr International Company, Inc. v. United States, No. 11-779C, regarding the consequences of an intentional waiver of the attorney-client privilege by...more

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