Confidentiality Attorney-Client Privilege

News & Analysis as of

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

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

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

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

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

New Jersey Supreme Court Officially Adopts Common Interest Doctrine - This Opinion Is Consistent with Those in Other States and...

The New Jersey Supreme Court recently issued an opinion that, for the first time in New Jersey, expressly adopted the "common interest doctrine." The July 21, 2014, opinion provided confidentiality protections for...more

Abolish the Attorney Client Privilege - It serves little use in practice, while the work-product privilege offers a safer harbor.

One of the great myths of the legal profession is that the attorney- client privilege promises absolute confidentiality, to ensure clients’ full disclosure to their counsel. However, as most lawyers know too well, clients...more

Oregon Supreme Court: Law Firm In-House Privilege Is Alive and Well - What Should Lawyers Do When They Have Concerns About the...

The Oregon Supreme Court holds that law firms can avail themselves of attorney-client privilege for in-house communications to the same extent as all other entities with in-house counsel. This is so even if the party...more

Don’t Waive Privilege: Exclude Unnecessary Service Providers From Meetings

A recent opinion from a federal district court in Massachusetts provides plan sponsors and fiduciaries with a reminder that plan service providers should be excused from meetings where their attendance is not needed to assist...more

Delaware Court of Chancery Clarifies Contours of Attorney-Client Privilege

In two recent opinions, the Delaware Court of Chancery clarified the parameters and application of certain aspects of the attorney-client privilege under Delaware law. On November 15, 2013, the court decided Great Hill Equity...more

Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLP, C.A. No. 7906 (Nov. 15, 2013) (Strine, C.)

In this Opinion, the Court of Chancery resolved a privilege dispute arising out of a merger transaction and relating to the ownership of pre-merger attorney-client communications. The Court concluded that, absent an express...more

Florida statute provides confidentiality in disputes involving wills and trusts

Which American president was the first to incorporate arbitration as a dispute resolution method in his will? Every lawyer swears an oath to maintain the secrets of clients. This is the client’s guarantee that when he...more

The Latest Word From The Supreme Court Of Canada On Conflicts Of Interest: Canadian National Railway Co. V. Mckercher LLP

The Supreme Court of Canada shed a bit more light on the “bright line rule” for determining when a conflict exists when a law firm represents clients whose interests are adverse in the recent decision of Canadian National...more

Clear as mud? Understanding your ethical duties as a “dirt” lawyer

1. Do you “reply to all” on emails? Should you? With the ease of email communications, thought needs to be given before you respond to an email and hit “reply to all.” With traditional correspondence by mail to opposing...more

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