News & Analysis as of

Attorney-Client Privilege Third-Party

Ward and Smith, P.A.

Think Twice — Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release

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Imagine that your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business torts. The news of the lawsuit has been reported in various...more

Miller Canfield

Artificial Intelligence in the Workplace: Spotlight on Confidentiality Concerns

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Generative artificial intelligence (“GAI”) has the potential to revolutionize efficiency and productivity in our day-to-day working lives. But while this technology is becoming more sophisticated by the day, companies should...more

Vinson & Elkins LLP

Inside Baseball on Privilege Waiver: the Los Angeles Angels’ Recent Win Over Federal Prosecutors Serves a Welcome Reminder to...

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In a high-profile dispute between federal prosecutors and the Los Angeles Angels relating to criminal charges filed in the aftermath of a tragic overdose and death of an Angels pitcher, the government went on the offensive...more

King & Spalding

The Insider: Key Developments for Chief Legal Officers and Corporate Legal Teams

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Welcome to the inaugural issue of The Insider. This new publication from King & Spalding’s Public Companies Practice, which will be produced periodically, is focused on key developments for chief legal officers and their...more

Lowenstein Sandler LLP

Recent Decision Highlights Considerations For Asserting Privilege In The Wake Of A Cyberattack

Lowenstein Sandler LLP on

“Malicious cyberattacks have unfortunately become a routine part of our modern digital world.” Wengui v. Clark Hill, PLC, Civil Action No. 19-3195, slip op. at 1 (D.D.C. Jan 12. 2021). When a data breach occurs, in-house...more

White and Williams LLP

Another Court Holds a Third-Party Cyber Forensics Report as NOT Privileged

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On January 12, 2021, the United States District Court for the District of Columbia joined the growing list of courts that have held that reports generated by third-party forensics firms in response to a cyberattack are not...more

Fox Rothschild LLP

A Quick Lesson For Schools: Safekeeping Attorney-Client Confidentiality

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Preparing for the 2020-2021 school year has required Pennsylvania school districts to consider novel, challenging and evolving legal guidance at breakneck pace. As districts develop and adapt their reopening plans to changing...more

WilmerHale

Avoiding Inadvertent Privilege Waivers In E-Communications

WilmerHale on

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

White & Case LLP

RBI v Asia Coal Energy: Court of Appeal confirms that communication of solicitor instructions does not of itself waive underlying...

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In Raffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Ashurst LLP,  the Court of Appeal distinguished the case of Conlon v Conlons Ltd, and provided a helpful analysis of the circumstances in which instructions...more

Patterson Belknap Webb & Tyler LLP

The Perils of Sharing Privileged Communications with Third-Party Vendors

On May 6, 2019, Magistrate Judge Gorenstein issued an order that should be a wake-up call for attorneys contemplating hiring and sharing privileged communications with an outside public relations firm. This decision also has...more

Butler Snow LLP

You’re Not My Client … But the Attorney-Client Privilege Still Applies!

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In Dialysis Clinic, Inc. v. Kevin Medley, 567 S.W.3d 314 (TN 2019), the Tennessee Supreme Court decided as a matter of first impression that attorney communications with a third party for the purpose of providing legal advice...more

McDermott Will & Emery

Ninth Circuit Interprets Summons Notice Rules Strictly Against IRS

The Internal Revenue Service (IRS) had broad examination authority to determine the correct amount of tax owed by taxpayers. In addition to seeking information directly from a taxpayer, the IRS is also authorized to seek...more

Esquire Deposition Solutions, LLC

Retaining Attorney-Client Privilege with Third Parties

Under certain circumstances, a public relations firm’s services become integral to the litigation process, securing attorney-client privileges between lawyers, clients, and the PR firm itself. But privileges aren’t always...more

Butler Weihmuller Katz Craig LLP

Attorney Client Privilege and Work Product Protection: Brief Overview

Claims investigations involving counsel often include communications relating to his or her understanding of the facts, opinions of relevant law, and recommendations. Oftentimes, claim notes or other claim file materials...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - March 2018

The ninth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Halloween Issue October 2017

Hinshaw & Culbertson LLP on

Client Intake — Due Diligence — Liability to Parties Other than Client — Holding Funds in Trust - P&P Property Ltd. V. Owen White & Catlin LLP, et al. 2016 WL 05484797 (English High Ct. of Justice, Chancery Div. 2016) - ...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

Hinshaw & Culbertson LLP

New York and North Carolina Take a Narrow Approach to Common Interest Doctrine

Brief Summary - The "common interest doctrine" generally protects attorney-client communications, even if such communications are disclosed to a third party, as long as the third party shares a common legal interest with...more

Morrison & Foerster LLP

New York Court of Appeals Rejects More General Application of Common-Interest Privilege in M&A Settings

New York’s highest court has rejected an attempt to expand the state’s common-interest doctrine, and reinstated the New York rule that the doctrine only applies in the context of actual or threatened litigation. Citing the...more

McGuireWoods LLP

Decision Highlights a Key Difference Between Attorney-Client Privilege and Work Product Doctrine Protection

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The attorney-client privilege provides absolute but fragile protection. In contrast, work product doctrine protection can be overcome — but offers more robust safety than the privilege. This distinction affects the impact of...more

McGuireWoods LLP

Court Confirms that Corporations do not Waive Their Privilege by Communicating with Their Affiliates

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The attorney-client privilege provides such a fragile protection that disclosure to nearly any third party waives the protection. Does that general rule apply to communications among corporate affiliates? Surprisingly few...more

Bracewell LLP

New York Court Expands Application Of Common Interest Privilege In Case Involving M&A Transaction

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Expanding the law in New York governing the attorney client privilege, New York’s intermediate appellate court held last week that anticipated or pending litigation is not a necessary prerequisite to invoking the common...more

Orrick, Herrington & Sutcliffe LLP

New York Extends Common Interest Privilege Protection to Non-Litigation Communications

Ordinarily, when a communication between an attorney and her client is disclosed to a third party, that communication loses its privileged status. The common interest privilege operates as an exception to that rule that...more

Goulston & Storrs PC

Does the Attorney-Client Privilege Protect Communications With A Company’s Outside Consultants?

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A recent decision by the Massachusetts Land Court provides helpful guidance to clients who frequently rely on independent contractors such as brokers, project managers and public relations consultants to interface with their...more

Burns & Levinson LLP

How an Outsider’s Presence Affects the Attorney-Client Privilege

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On more than one occasion, an in-house counsel has been summoned to a strategy meeting about a potential or ongoing dispute, and when he arrives, he finds an outside accountant already seated in the conference room ready to...more

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