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Nextpoint, Inc.

3 Reasons Why Microsoft Outlook is NOT a Document Review Tool

Nextpoint, Inc. on

Conducting ediscovery in Outlook may be tempting – but although it’s a free and familiar tool, it carries risks and limitations for document review. Email continues to be the primary source of electronic evidence in...more

Woodruff Sawyer

Outside Director Communications: Maximizing the Potential to Protect Attorney-Client Privilege

Woodruff Sawyer on

Email communications can be a trap for unwary independent directors. The December 2020 In re WeWork Litigation decision illustrates the point, as discussed in this earlier blog. Specifically, directors who often use corporate...more

Nutter McClennen & Fish LLP

Massachusetts Court Shields Email Communication Seeking Legal Advice About Draft Press Release

Adversaries often challenge each other’s privilege calls in the thick of litigation, and sometimes those challenges are elevated to a court’s in camera review. In Governo Law Firm LLC v. CMBG3 Law LLC, et al., Judge Salinger,...more

McGuireWoods LLP

S.D.N.Y. Deals With Spouses and Law Firm Emails: Part I

McGuireWoods LLP on

Most states have adopted some variation of what is called the "spousal privilege" or "marital privilege." Those usually appear in statutes or rules, and dramatically vary from state to state. For obvious reasons, spouses'...more

Skadden, Arps, Slate, Meagher & Flom LLP

Law Governing Attorney-Client Privilege for Emails Hosted on Noncompany Servers Continues To Evolve in Delaware

Delaware Rule of Evidence 502(b) codifies the attorney-client privilege and insulates from discovery “confidential communications made for the purpose of facilitating the rendition of professional legal services to the...more

Cozen O'Connor

Conversation vs. Correspondence: New Jersey Ethics Opinion Goes Its Own Way on “Implied Consent”

Cozen O'Connor on

A new ethics opinion from New Jersey turns the concept of “implied consent” under ABA Model Rule 4.2 on its head. The March 10, 2021 Ethics Opinion from New Jersey - A recent opinion from the New Jersey Advisory Committee...more

McGuireWoods LLP

Copying a Lawyer on an Email Does Not Assure Privilege Protection, but That Lawyer Can Increase the Odds

McGuireWoods LLP on

Lawyers should remind their clients that copying a lawyer on an email does not automatically render the email privileged. But the story doesn't end there. In Dejewski v. National Beverage Corp., the court recited the...more

BCLP

Court ruling highlights confidentiality risks for non-employee directors who use outside email addresses

BCLP on

A recent decision by the Delaware Court of Chancery highlights risks for outside directors in using third-party email systems when communicating about confidential company matters. In that case, the court ruled that...more

Fenwick & West LLP

Delaware Chancery Court Rules That Fiduciary’s Use of Email Account Provided by Separate Employer Destroys Privilege

Fenwick & West LLP on

On December 22, 2020, in litigation between WeWork and the Softbank Group, the Delaware Court of Chancery determined that the Softbank Group must hand over several dozen otherwise privileged emails because two SoftBank...more

McGuireWoods LLP

Federal Court Wrestles With Privilege Ownership After a Complicated Corporate Transaction

McGuireWoods LLP on

Several previous Privilege Points have summarized often-complicated judicial holdings on who owns privilege protection after corporate stock or asset transactions. It should come as no surprise that the privilege ownership...more

Akin Gump Strauss Hauer & Feld LLP

Common Interest Doctrine and Attorney-Client Privilege Protect Distributor’s Email Communication with Defendant

In a January 14, 2020, order, the Northern District of Illinois granted in part and denied in part, a plaintiff’s motion to compel the production of documents withheld as privileged. The court found that an email between the...more

Dechert LLP

Case law update – France / Second semester of 2019

Dechert LLP on

This newsletter summarises four significant judicial decisions over recent months.   1. The purpose of a probation period is for the employee’s skills to be assessed. Therefore an employee’s absence would extend the...more

White and Williams LLP

NLRB Reverses Itself on Two Obama-Era Pro-Employee Decisions

White and Williams LLP on

Closing out 2019, the National Labor Relations Board (NLRB or the Board) issued two final opinions that will reverse employee-friendly decisions. The two opinions - Apogee Retail LLC d/b/a Unique Thrift Store (Apogee) and...more

Troutman Pepper

Protecting Privileged Pre-merger Communications Through Contractual Provisions

Troutman Pepper on

In Shareholder Representative Services LLC v. RSI Holdco, LLC, the Delaware Court of Chancery held that the sellers of a target corporation retained the right to assert attorney-client privilege over pre-merger communications...more

White & Case LLP

West Ham United FC and the London Stadium: West Ham score as internal discussions on settlement proposals may not be privileged

White & Case LLP on

In the latest round of legal issues relating to West Ham United FC's move to the London Stadium, the Court of Appeal found that confidential internal emails between board members and other stakeholders, for the purposes of...more

Esquire Deposition Solutions, LLC

Consider Attorney-Client Privilege When Drafting Emails

Copying clients on emails sent to opposing counsel, whether through “cc” or “bcc” commands, may have serious consequences affecting attorney client privileges. While communicating with parties is necessary for driving...more

Esquire Deposition Solutions, LLC

What is a Litigator’s Duty of Technology Competence?

The American Bar Association formally opines lawyers should provide competent representation for clients with the appropriate legal knowledge, skill, thoroughness, and preparation. ABA Rule 1.1 outlines these duties, and...more

McGuireWoods LLP

Court Protects an Employee's Personal Privileged Communications Using the Company's Email Account

McGuireWoods LLP on

Starting 10-15 years ago, many courts addressed corporate employees' privilege claims for communications with their personal lawyers (usually employment lawyers) using their employers' email infrastructure. Most states (other...more

McGuireWoods LLP

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

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

Proskauer - Minding Your Business

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...more

King & Spalding

Attorney-Client Privilege and Corporate E-Mail: Navigating the Morass of Personal Communications in Investigations

King & Spalding on

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

Proskauer - Minding Your Business

Encrypting Emails: ABA Issues New Guidance Addressing Security Concerns over Attorney-Client Communications

In May, the American Bar Association (“ABA”) released a Formal Opinion 477, providing guidance on attorney use of emails in communication with clients. In doing so, the ABA has promulgated a new standard when considering the...more

McGuireWoods LLP

New York Court Adds a Worrisome Twist to Employees' Communications with Their Personal Lawyers on Company Servers

McGuireWoods LLP on

Numerous courts have held that corporate employees have no expectation of confidentiality (and thus no privilege protection) when using their employer's server and other communication equipment – if the corporate personnel...more

The Volkov Law Group

SEC Seeks Increased Access to Email

The Volkov Law Group on

Jacqui Merrill, an Associate at The Volkov Law Group, joins us with a posting on the SEC’s request for increased access to emails. In a Senate Judiciary Committee meeting held on September 16, 2015, Securities and...more

Brownstein Hyatt Farber Schreck

Limit the Risks Associated with Distributing Privileged Communications Inside the Company

Our team at Brownstein Hyatt Farber Schreck recently alerted you to the risk of corporate executives using business email accounts for personal purposes. Click here to read the first alert. In light of developing case law in...more

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