News & Analysis as of

Confidential Communications Evidence

Carlton Fields

Joint-Defense and Common-Interest Agreements in Government Investigations: Best Practices for In-House Counsel to Retain Privilege...

Carlton Fields on

Introduction - Your company is under investigation by the government. As part of the investigation, the government subpoenaed an employee for testimony. The employee retained a lawyer (separate from your company’s outside...more

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

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

Butler Weihmuller Katz Craig LLP

What's in a name?

What Plaintiffs call a “confidential settlement negotiation”. By any other name would be an “other paper” and establish the amount in controversy. The Middle District of Florida recently considered the issue of whether...more

Troutman Pepper

Are You Sure Those Conversations Are Covered by the Common Interest Privilege? Check the Record

Troutman Pepper on

Imagine you are representing an individual who has been subpoenaed for testimony as part of the government’s investigation of her employer. ...more

Jackson Lewis P.C.

California: What Happens In Mediation Stays (Confidential) In Mediation

Jackson Lewis P.C. on

An amendment to Section 1122 of the California Evidence Code on mediation confidentiality requires attorneys representing clients in connection with mediation to provide written disclosures to their clients about mediation...more

Ward and Smith, P.A.

Not So Fast: Limits of "Settlement Negotiation" Protections

Ward and Smith, P.A. on

Think Twice Before Assuming Your "Settlement Negotiations" May Not Be Used Against You - Most people who are involved in resolving disputes or negotiating deals for their businesses have seen documents labeled...more

Snell & Wilmer

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

Snell & Wilmer on

California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission...more

Carlton Fields

Excluded Evidence: Is Your Proffer Sufficient To Preserve The Error?

Carlton Fields on

Just because you know what your excluded evidence would have shown does not mean that the trial court knows and, as importantly for appellate purposes, that the appellate court can glean from the record the substance of the...more

Perkins Coie

Court Rejects “Gotcha” Theory of Waiver Under Public Records Act

Perkins Coie on

A California appellate court has ruled that inadvertent disclosure of documents containing attorney-client communications in response to a Public Records Act request does not result in a waiver of the privilege. Newark...more

Hinshaw & Culbertson LLP

Under California Law, Attorney Billing Statements Are Confidential Communications

In County of Los Angeles Board of Supervisors et al. v. The Superior Court of Los Angeles, 2015 DJDAR 4085, the California Court of Appeal for the Second District ruled that attorney invoices may be confidential...more

Allen Matkins

This Interest May Be Common, But It’s Still Privileged

Allen Matkins on

Section 954 of the California Evidence Code establishes a privilege “to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer”. A “confidential communication...more

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