Confidential Information Attorney-Client Privilege

News & Analysis as of

Help Yourself: Mass. Court Approves Employee’s Self-Help Discovery in Discrimination Case

The Massachusetts Supreme Court has ruled that an attorney’s search for confidential firm documents in an effort to prove a discrimination claim against her employer may constitute protected activity. The Court, in Verdrager...more

Negative Online Reviews: The Best Defense

A recent Washington Post article examined the issue of patient privacy complaints after medical providers responded to negative Yelp® reviews about medical care. The issue of how a professional can (or should) respond to...more

Are Legal Hold Notices Immune from Discovery?

Why do lawyers write “Privileged & Confidential” at the top of a legal hold notice? Most courts have decided that legal hold notices are immune from discovery, but not because of the header or title. What generally protects...more

Internal Investigations and Privilege: A Redux

An internal investigation into a workplace accident was privileged, and thus protected from disclosure, the Alberta Court of Queen’s Bench recently held in Alberta v Suncor Energy Inc, 2016 ABQB 264 [Suncor]. The Court found...more

From Ashley Madison to the Panama Papers: Is Hacked Data Fair Game?

We’ve previously written about the distinctions between hacking credit and other financial data in comparison to hacking private information. (See Ashley Madison and Coming to “Terms” with Data Protection.) The issue of how...more

Drafting Agendas: Three Reasons to be More Specific than “Attorney-Client Privileged Communication – Executive Session...

One of the most regularly used reasons to enter executive session is to discuss a matter that would result in the disclosure of communications that are privileged by the attorney-client relationship. The agenda item often...more

Confidentiality Among Co-Clients?

Whenever you’re representing multiple clients with respect to the same subject matter, make sure to address the issue of confidentiality right at the beginning of the attorney-client relationship—in fact, you should cover it...more

Divisional Court Confirms Lawfulness of SFO Procedures for Isolating Privileged Material

On 27 January, the Divisional Court in R (McKenzie) v Director of the Serious Fraud Office [2016] EWHC 102 (Admin) confirmed the lawfulness of the SFO’s procedures for dealing with material potentially subject to legal...more

Notions de secret professionnel dans un monde des affaires mondialisé

Dans notre monde des affaires désormais mondialisé, nombreuses sont les contraintes d’ordre juridique, dépassant le strict cadre national, qui sont depuis longtemps maîtrisées par les acteurs économiques, que ce soit, par...more

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

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