Confidential Information Attorney-Client Privilege

News & Analysis as of

Data-Security Assessments? You’re Going to Want a Lawyer for That

These days, data breaches and cybersecurity attacks abound. With each news cycle, we’re confronted with stories about yet another big breach, at another big company, with the potential exposure of another big pool of...more

Better Send a Letter Before the First Consultation

A prospective client makes an appointment with you to discuss his or her case. Immediately send a letter setting out some information and a few key points. First off, you’ll definitely want to confirm the date, time, and...more

Court Analyzes Possible Privilege Protection for Communications with Public Relations Consultants

Corporations and their lawyers frequently work with public relations consultants when facing ongoing or anticipated litigation. In the work product context, courts agree that disclosing preexisting work product to such...more

Corporate Investigations & White Collar Defense - September 2015

No Dog Days of August for the SEC—A Recap of a Busy Month - Why it matters: Who says there is a government slowdown in August? Not for the SEC. August 2015 turned out to be very busy indeed for the agency, which...more

United Kingdom: handling internal investigations

With so much potentially at stake, the initial steps and strategic decisions taken in any company investigation are critical to setting the tone for a focused, credible and effective inquiry. This is paramount not only for...more

Whistleblower Cases are Custom Tailored for ADR

Various state and federal statutes exist to protect and compensate employees whose employers retaliate against them after they disclose certain fraudulent practices to the employers or government agencies. These are known as...more

Court Grants Restraining Order in Light of Inadvertent Disclosure (California)

Newark Unified Sch. Dist. v. Superior Court , 2015 WL 4594095 (Cal. Ct. App. July 31, 2015). In this inadvertent document release case, the plaintiff sought injunctive relief against the defendant, requiring the return...more

Does Sharing Work Product with the Government Always Waive that Protection?

For decades, companies trying to cooperate with the government have hoped for a change in the general rule that disclosing privileged communications and/or work product to the government waives those protections. In nearly...more

Solicitor-Client Privilege: The Quebec Securities Regulator Can Summon In-House Counsel to Testify in an Investigation

On July 16, 2015, the Supreme Court of Canada (SCC) denied leave to appeal to an in-house counsel (referred to as Ms. X to protect her identity) in the case of X v. Autorité des marchés financiers. The SCC thus maintained the...more

IT Project Disputes Management - Managing the Cloudy Skies

In this issue: - Overview of Presentation - Prevention is better than cure - Fix problems in the design phase - Early diagnosis and treatment of problems - So what do you do? - Areas of major...more

California Law: Attorney Billing Records Protected by Attorney-Client Privilege - A Closer Look at County of Los Angeles Board of...

In an important new decision, the California Court of Appeal held in County of Los Angeles Board of Supervisors v. Superior Court (ACLU of Southern California) that attorney invoices are confidential in nature and are...more

Court Says Cyber Forensics Covered by Legal Privilege

The Middle District of Tennessee recently issued a key decision in the ongoing Genesco, Inc. v. Visa U.S.A., Inc. data breach litigation. The court denied discovery requests by Visa for analyses, reports, and communications...more

Court Makes Important Decision in Privileged Document Case

In many circumstances, courts say that corporations might relinquish privilege protection through internal privileged communications even beyond employees who have a “need to know.” This policy is often criticized because it...more

California Court Again Reinforces Mediation Confidentiality Hindering a Client’s Ability to Sue His Lawyers!

Woodland hills personal injury lawyer Barry P. Goldberg encourages mediation in almost every case he handles. In California, what is said and communicated in the mediation context is privileged and cannot be used in...more

Court Concludes That Access to Privileged Document by Employees Without a "Need to Know" Does Not Destroy Privilege Protection

Many courts hold that corporations might waive their privilege protection through purely internal circulation of privileged communications — beyond those employees with a "need to know." ...more

Ethical Issues Implicated by Lawyers’ Use of Third-Party Cloud Services

Law firms increasingly turn to “cloud services” for processing and storing confidential client information because of their greater flexibility and efficiency. Use of “the cloud,” however, outsources the administration,...more

Attorney Withdrawal: Protect the Client, Obey the Court or Go to Jail? - California Formal Op. No. 2015-192 Addresses the Ethical...

In Formal Opinion No. 2015-192, the California State Bar Standing Committee on Professional Responsibility and Conduct addressed the difficult choices faced by lawyers who are ethically required to seek leave to withdraw from...more

2014 E-Discovery Year in Review

2014 was another eventful year for e-discovery and information management in Canada. Set out below are some of the major trends and developments that emerged over the last year....more

Are Antitrust Compliance Programs Protected by Attorney-Client Privilege?

We’ve previously written about the components of effective antitrust compliance programs and the potential benefits corporations may achieve by adopting them. In drafting compliance programs, however, corporations should be...more

What’s Mine is Not Yours: Former Officers and Directors and a Corporation’s Attorney–Client Privilege

An officer or director’s company exit often feels like a divorce, with post-departure monetary payments and document-custody issues dominating the immediate aftermath. Companies are quick to enforce non-compete agreements and...more

SEC Condemns Breach Of Client Confidences While Offering Possible Bounties For Breaches

Yesterday, the Securities and Exchange Commission announced that it had “charged a California-based attorney and his wife with insider trading on confidential information obtained from a corporate client.” According to the...more

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

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

Will California’s “Kill Switch” Law Kill An Employer’s Ability To Protect Sensitive Company Information?

Will California’s “Kill Switch” Law Kill An Employer’s Ability To Protect Sensitive Company Information? In this digital age, smartphone technology has become essential and ubiquitous to business operations. But the...more

Loose Lips Sink Ships: The Limits of the Attorney-Client Privilege and the Dangers of “Public” Reliance Upon Your Attorney’s...

Public agencies often secure opinions from legal counsel to guide their actions. However, these agencies should be aware that what they say in public about the advice given may jeopardize the confidentiality of the legal...more

Start Spreading the News: With National Union v. TransCanada, New York Prepares to Broadcast Communications with Coverage...

The final opinion of a New York appellate court in National Union Fire Ins. Co. of Pittsburgh v. TransCanada Energy USA, Inc., 119 A.D.3d 492 (2014), is only three paragraphs long, but it raises a host of questions about how,...more

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