[Podcast] Defining Our Vision and Values
DE Under 3: OFCCP Walks Back Its Earlier “Pay Equity” Directive
JONES DAY TALKS®: International Litigation: Confidentiality and Legal Privilege under French Law
Writing a book as a Big Law partner - Legally Contented Ep. 2 - Christopher Ruhland
Internal Investigations in the Asia-Pacific Region
Cyberside Chats: Preserving Legal Privilege After a Cybersecurity Incident
CyberSide Chats: Yes, you needed a cyber attorney a long time ago (with Erik Weinick)
Client Confidentiality in the Age of Coronavirus [More with McGlinchey Ep. 2]
Jones Day Presents: Strategies for Dealing with the IRS: The IRS Examination
Day 15 of One Month to Better Investigations and Reporting-the Parameters of Privileges
Day 2 of One Month to Better Investigations and Reporting-Selection of Investigative Counsel
Your Cyber Minute: Attorney-client privilege in the midst of a cybersecurity breach
Insurance Companies and the Attorney-Client Privilege in Arizona
Attorney Client Privilege
Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
Do You Need A Lawyer for a Federal Grand Jury Subpoena?
Most lawyers know that state statutes or common law doctrines often protect communications between spouses – although there is wide variation in such approaches. But there is a lurking danger that all of us should keep in...more
Communication during a data breach is challenging in the best of circumstances, and control of information, especially early in a breach response, is critical. Below are some DOs and DON’Ts for communicating during a data...more
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court held that “attachments to attorney client communications may be withheld as privileged without an independent basis for...more
[Editor’s Note: This article was first published May 15, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more
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
On January 9, 2023, the US Supreme Court heard oral argument in the matter of In re Grand Jury, No. 21-1397, which asked the Court to determine whether “dual-purpose” communications involving both legal and business advice...more
In our last newsletter, we analyzed the reluctance of courts to apply privilege to the work of forensic computer consultants following data breaches. Here, we address often unavailing efforts to fit communications with...more
Because privilege logs necessarily contain logistical but not content-based information about withheld documents, adversaries sometimes challenge privilege protection because no lawyer sent or received a withheld document....more
Organizations are feeling the pinch of compliance like never before as government agencies at every level are scrutinizing their business affairs more closely and issuing more regulations. To meet their compliance...more
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
Let us assume a company has done all the right things. Preemptive security was a concern, so the company tightened up its written cybersecurity controls and associated technical controls, including policies and...more
On March 10, 2021, the American Bar Association released new guidance for attorneys working remotely. While there has never been a distinction in the Model Rules for Professional Conduct between working in a brick-and-mortar...more
An evolution in how courts interpret the confidentiality prong of the attorney-client privilege, which requires that both the client and attorney have an expectation of confidentiality in the communication for which the...more
Existing Test - Legal Advice Privilege (“LAP”) allows a party to withhold from disclosure communications between a lawyer and client, which are confidential and for the dominant purposes of obtaining legal advice. This...more
• The American Bar Association (ABA), on March 6, 2018, issued Formal Opinion 480, which specifically examines confidentiality obligations for lawyer blogging and other public commentary. • Notably, the opinion recites the...more
Frazzled by the incessant demands for her company Acne Brick’s financial records from her husband’s divorce lawyer Ditcher Quick, company president Annie Acne was wondering what her next maneuver might be when her Information...more
Electronic communications exacerbate judges' already difficult task of determining if employees copying lawyers on their communications with fellow employees are implicitly seeking legal advice – and thus deserve privilege...more
Experienced practitioners know that the purpose of the attorney-client privilege is to protect the confidentiality of client communications. Thus, as company policies that allow monitoring of emails or provide third party...more
In a significant opinion published on May 11, 2017, the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility provided additional guidance on a lawyer's obligations to protect client...more
Most if not all courts recognize that selling a corporation's stock transfers ownership of the corporation's privileged communications. These can include even communications about the sale transaction. Great Hill Equity...more
Last month, Edward Snowden provided the press a document describing “how Australian intelligence conducted surveillance of trade talks between Indonesia and the United States and, in the process, monitored communications...more