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Attorney-Client Privilege › Third-Party Relationships

Cadwalader, Wickersham & Taft LLP

M&A Update: New York Court of Appeals Rejects Extension of Common Interest Privilege to Merger Talks

Cadwalader, Wickersham & Taft LLP on

On June 9, 2016, a divided New York Court of Appeals in a much-anticipated ruling held that the attorney-client privilege can only be maintained for communications involving third parties in situations where litigation is...more

Allen Matkins

Are Consultant’s Employees Functionally Equivalent To Client’s Employees?

Allen Matkins on

As a general matter, the attorney-client privilege is waived by disclosing a communication to a third party. When a corporation hires an investment banker, the corporation’s attorneys will frequently communicate with...more

Pullman & Comley, LLC

Four’s A Crowd: Third-Party Bad Faith Cases Test the Limits of the Tripartite Relationship

Pullman & Comley, LLC on

A significant minority of states permit plaintiffs who win judgments against insured defendants to assert claims directly against the defendants’ insurers—including claims for extracontractual liability, based on alleged bad...more

Allen Matkins

Insurer Claims Attorney-Client Privilege Of Third Parties Prohibits Disclosure To Its Own Attorneys

Allen Matkins on

At first, this case seems somewhat pedestrian – a lawyer sues her erstwhile law firm for employment discrimination. But then things get complicated. It turns out that the lawyer was employed by a law firm that was employed...more

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