News & Analysis as of

Attorney-Client Privilege

Courts Use Rule Language and Common Sense to Expand Work Product Protection: Part I

by McGuireWoods LLP on

Unlike the common law-dominated attorney-client privilege which developed organically in each state, work product protection comes from court rules. One might think that this would simplify courts' application of that...more

Clear Notice of Alteration of the Attorney-Client Relationship

by Wilson Elser on

In Thomas Cesso v. Gary Owen Todd, Massachusetts Appeals Court 16-9-76 (August 28, 2017), the Massachusetts Appeals Court held that filing a notice of withdrawal does not necessarily terminate the attorney-client...more

Court Responds to ‘Fishing Expedition’ by Strictly Limiting Discovery

by Zapproved LLC on

Tingle v. Hebert, No. 15-626-JWD-EWD, 2017 U.S. Dist. LEXIS 88936 (M.D. La. June 8, 2017). In this wrongful termination case, the court partially granted the defendant’s motion to compel the production of the plaintiff’s...more

California Enacts Legislation in an Attempt to Level the Playing Field in Proposition 65 Enforcement Actions

by Downey Brand LLP on

On October, 5, 2017, Governor Brown announced that he signed AB 1583 into law. AB 1583, authored by Assemblymember Ed Chau, a democrat from Monterey Park, is intended to promote transparency in Proposition 65 private...more

Arizona Court of Appeals Confirms Attorney-Client Privilege Holder Must Affirmatively Inject Attorney-Client Communications Into...

by Jaburg Wilk on

The Holding - In Robert W. Baird & Co. Inc., v. The Honorable Christopher Whitten, 2017 WL 4296583 (Ariz. App. Sep. 28, 2017) (774 Ariz. Adv. Rep.4), the Arizona Court of Appeals just held that a legal malpractice...more

Courts Look for Lawyers' Responses to Clients' Requests for Legal Advice

by McGuireWoods LLP on

The privilege can protect clients' requests for legal advice, and lawyers' responses. But employees simply cc'ing a lawyer on an email to another employee cannot guarantee privilege protection – because the email might be...more

“Smoking Gun” Still Not Necessary To Prove Insurer Violated Pennsylvania’s Bad-Faith Statute

by Reed Smith on

In Rancosky v. Washington National Insurance Company, No. 28 WAP 2016, the Pennsylvania Supreme Court confirmed that, to prevail on a claim pursuant to Pennsylvania’s bad-faith statute, a policyholder does not have to prove...more

Does a Client Risk Privilege Protection by Bringing Her Mother to a Lawyer Meeting?

by McGuireWoods LLP on

Because it is absolute and can hide important facts from easy discovery, the attorney-client privilege is hard to create, narrow, and fragile. Among other things, even friendly third parties' presence can abort privilege...more

Privilege Overview

by Hogan Lovells on

Any recorded communication (for example: e-mails, recorded phone conversations (including voicemails), letters, memoranda, computer records etc) may have to be produced to the other party in a subsequent legal dispute or...more

Disqualification Not Warranted Where Attorney Was Involved in Prior Real Estate Transaction Between Two Parties That Resulted in a...

by Hinshaw & Culbertson LLP on

Lynn v. George (2017) 2017 Cal. App. LEXIS 817 - Brief Summary - The California Court of Appeal for the Fourth District held in an action arising from an alleged partnership for buying and selling real property that...more

Arizona District Court: Insurer Expert's Deposition Testimony Impliedly Waived Attorney-Client Privilege in Bad Faith Case

by Jaburg Wilk on

The Takeaways - Bad faith defense counsel should caution their bad faith experts not to speculate that an insurer’s claim decisions were based on advice of counsel. - The Hunton case continues the trend of Arizona...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - September 2017

by Hinshaw & Culbertson LLP on

Conflict of Interest – Current Clients – Duty of Care with Respect to Unrelated Matters - Oakland Police & Fire Retirement System, et al. v. Mayer Brown, LLP, 861 F.3d 644 (7th Cir. 2017) - Risk Management Issue: Does a...more

Does the Attorney-Client Privilege Protect a Lawyer's Retention Date?

by McGuireWoods LLP on

Content is king in the privilege world, in contrast to the work product protection – which largely depends on context. For this reason, the privilege rarely if ever protects the facts and circumstances of (1) the...more

Federal Circuit Paves Way for Additional Discovery in Autonomous Car Case

by Genova Burns LLC on

The Federal Circuit reinforced limits on its own jurisdiction by rejecting an appeal brought by intervenor Anthony Levandowski in the much-publicized case Waymo LLC v. Uber Technologies, Inc., et al., No. 17-cv-00939-WHA...more

Rule 502(d) Orders for Non-Waiver of Privilege: eDiscovery Best Practices

by CloudNine on

Tomorrow, Tom O’Connor and I will discuss the various issues to consider and decisions to be made to help you meet your discovery obligations in an efficient and proportional manner when preparing for the Rule 26(f)...more

Inadvertent Disclosure of Privileged Documents? Some Suggested Steps after the Initial Panic!

In the event of an inadvertent disclosure of documents (electronic or otherwise), an attorney is ethically obligated to promptly notify the sender of the attorney’s receipt of the documents. It is then up to the sender to...more

Protecting Privileged Information From Former Senior Managers Can Be Tricky

by Burns & Levinson LLP on

As most attorneys know, a privileged communication only can be waived by the client, and when the client is an individual, it is obvious who controls that ability to waive. Things become murkier, however, when the client is a...more

No Privilege Extended To Communications With PR Consultant, But Court Provides Roadmap To Possible Application

by Weintraub Tobin on

It is not uncommon in this day of social media influence for an attorney to seek out the assistance of a public relations consultant to play a role in connection with a high profile lawsuit. Such media experts can help assess...more

Decision of the German Constitutional Court on attorney-client privilege in internal investigations to be expected

by DLA Piper on

The current legislation and jurisprudence regarding information and documents derived from internal investigations is ambiguous. The German Constitutional Court now has to decide on the seizure of documents from an internal...more

The Trouble with Drafts: Part II

by McGuireWoods LLP on

Last week's Privilege Point discussed a decision holding that the privilege did not protect in-progress drafts of documents whose final version will be disclosed to third parties. In re Sygenta AG MIR 162 Corn Litig., MDL...more

The Trouble with Drafts: Part I

by McGuireWoods LLP on

Because attorney-client privilege protection depends on confidentiality, the privilege evaporates once clients determine to disclose privileged communications – even before the disclosure occurs. For example, the final...more

The Common Interest Doctrine: Maintaining Confidentiality

While confidentiality is usually destroyed when communications between an attorney and client take place in the presence of a third party or when work product is shared with others, those communications can remain protected...more

Are Communications With an Expediter or “Land-Use Consultant” Privileged?

by Farrell Fritz, P.C. on

In an action brought against a title company for losses in connection with a property sale, Justice Elizabeth H. Emerson, in JBGR LLC v. Chicago Title Ins. Co., denied the title insurer’s motion to amend its answer to add...more

Court Upholds Attorney-Client Privilege Despite Advice Of Counsel Defense In Tax Case Involving Reinsurance Transaction

by Carlton Fields on

This case involves a tax dispute centering on whether certain “purported” insurance and reinsurance transactions “lacked economic substance.” Following an in camera review of communications identified in Respondents’...more

Court Held That Estate Representative Was Entitled To Discover Documents To Establish A Claim

by Winstead PC on

In In re Cokinos, Boisien & Young, a representative of an estate of a deceased attorney sought documents from a law firm related to an alleged agreement to share fees. No. 05-16-01331-CV, 2017 Tex. App. LEXIS 6911 (Tex....more

929 Results
|
View per page
Page: of 38
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.