In many cases, clients tend to place their trust, and often their livelihood, in the hands of their attorney. This expectation can be easily traced back to the attorney-client privilege, one of the oldest common-law...more
The New York Court of Appeals recently clarified and reinforced the attorney-client privilege, explaining that certain internal training materials reflecting legal analysis of statutory, regulatory, and decisional law...more
An organization that has suffered a data breach likely does not want to have to disclose potentially embarrassing or harmful information, especially in a lawsuit resulting from the breach. Simply involving an attorney in...more
I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only ...more
In 10x Genomics, Inc. v. Celsee, Inc., 1-19-cv-00862 (DDE 2020-12-04, Order) (Colm F. Connolly), the District Court ordered the defendant to produce documents and give testimony about communications between defendant and its...more
In The Civil Aviation Authority v R (on the application of Jet2.com Limited), the Court of Appeal, upholding the High Court decision, has affirmed that legal advice privilege (LAP) is subject to a dominant purpose test. This...more
The Pennsylvania Supreme Court has adopted a new, expanded standard for preserving the protections of the attorney work-product doctrine, codified at Pennsylvania Rule of Civil Procedure 4003.3. This decision has implications...more
Most people have heard of the “attorney-client privileged communication” and may even have a fair idea of what that means. But a lack of understanding about how it works can lead to errors that can render the communication no...more
Almost 40 years ago the Arizona Supreme Court issued an opinion which has had a far-reaching impact on how insurance defense counsel report to the defending carrier....more
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
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
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