News & Analysis as of

Legal Advice Privilege

Partnering Perspectives - Summer 2017

As we implement the Eversheds Sutherland combination and expand our ability to serve clients around the globe, our US and international teams are working together to analyze issues impacting clients doing business in multiple...more

Responding to environmental incidents?

by Dentons on

Will regulators be able to access all your documents? In March the Munich offices of international law firm Jones Day, were raided by prosecutors in the VW emissions investigation. This breach of the law firm citadel has...more

English High Court Decision Further Curtails Application of Legal Privilege in Internal Investigations

by Latham & Watkins LLP on

Corporations should take steps to ensure their internal investigations are not used against them in English litigation. A recent decision in an English court could have important consequences for internal corporate...more

Check Your Privilege: English Court Rules Internal Investigation Materials Cannot be Withheld from Prosecutor

by Latham & Watkins LLP on

“Privilege is a fundamental human right guaranteed by the common law, and a principle which is central to the administration of justice. Once a document is subject to privilege, the privilege is absolute: it cannot be...more

Who is the Client for the Purposes of Legal Advice Privilege? English High Court Confirms Narrow Scope of Legal Advice Privilege

A recent decision out of the English High Court narrows the scope of the legal advice privilege, which will have important implications for US companies that have ties to the UK. Please see full Alert below for more...more

Significant Swiss ruling handed down on privilege in anti-money laundering investigations

by White & Case LLP on

In a recent judgment, the Swiss Federal Tribunal has ruled that, where a financial institution delegates its investigation and reporting obligations under the Swiss Anti-Money Laundering Act ("AMLA") to external counsel,...more

In-Firm Privilege: Lawyers Have Legal Problems Too

by Hinshaw & Culbertson LLP on

For many years in the modern era of law firms, a few federal district court decisions starting in the 1980s set forth the notion that lawyers and law firms could not invoke the attorney-client privilege to shelter...more

The Senior Managers Regime – should GCs be worried?

by King & Spalding on

In March this year the PRA and the FCA introduced the Senior Managers Regime (‘SMR’) for individuals associated with banks and PRA regulated investment firms (from 2018 the SMR will apply to all UK authorised firms). The...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19586 - Harrington v. Freedom of Information Commission - The Court started off by saying..... We have not previously had occasion to squarely address..... [this]...more

Training slides can attract legal professional privilege

by Allen & Overy LLP on

The Information Commissioner held that a set of training slides provided to a public authority were not protected by legal advice privilege. However, this decision was overturned by the Tribunal, meaning that – in certain...more

Gender Pay Gap Reporting – Why It Matters Now

by Reed Smith on

On 1 October 2016, regulations are expected to come into force in the UK which will require large private and voluntary sector employers to report annually on gender pay gap information. To give employers time to get to grips...more

The FCA wades into the debate on privilege

by White & Case LLP on

In a speech on 5 November, the Financial Conduct Authority (“FCA”) criticized some firms for letting “legal privilege become an unnecessary barrier” in sharing the output of internal investigations with the FCA. The speech...more

High Court Reaffirms the Broad Scope of Legal Advice Privilege

by WilmerHale on

In a High Court ruling on 5 November 2015, Mr. Justice Snowden helpfully reaffirmed the established precedent that legal advice privilege is not confined to telling the client the law: it may also attach to factual updates...more

Welcome Clarification of English Law Regarding Legal Advice Privilege

by Dechert LLP on

The High Court has delivered an important judgment on the application of legal advice privilege to factual reports delivered by lawyers to their clients in the context of a regulatory investigation. In the case of Property...more

HR Influence in Disciplinary Proceedings Can Render Dismissals Unfair

by Reed Smith on

In Ramphal v Department for Transport (EAT – 2015), the EAT has provided guidance on the appropriate level of HR involvement in disciplinary proceedings. The case concerns an employee who was dismissed for gross...more

KBR And Maintaining Privilege Throughout Investigations

by Morrison & Foerster LLP on

Last month, for the second time, the D.C. Circuit in In re Kellogg Brown & Root Inc., No. 14-5319, slip op. (D.C. Cir. Aug. 11, 2015), granted a writ of mandamus sought by KBR and vacated a series of district court orders...more

Proceed with Caution: Attorney-Client Privilege and Communications with Third-Party Consultants

by Reed Smith on

In our modern economy, businesses regularly use all manner of third-party consultants for many different reasons, including cost, efficiency, and expertise. Less regularly, communications between businesses and consultants...more

A Confidential Consultation?

by WilmerHale on

The Court of Appeal reaffirms the qualified nature of legal professional privilege. In the recent case of R v Edward Brown (formerly Latham) the Court of Appeal held that it was appropriate, in certain circumstances, to...more

Corporate Investigations & White Collar Defense - August 2015

Are the Circuits A-Splitting? The Ninth Circuit Declines to Follow the Second Circuit's Insider Trading Decision in U.S. v. Newman - Why it matters: On July 6, 2015, the Ninth Circuit in U.S. v. Salman declined to...more

Letter From America: Internal investigations – a stark reminder of the dangers of failing to implement strict protocols from the...

by DLA Piper on

A recent ruling in long-running civil litigation against the Bank of China (“BOC”) in the United States District Court for the Southern District of New York provides a stark reminder of the dangers of failing to develop and...more

Preservation of Legal Privilege in Corporate Investigations – A Cross Border Comparison

by Dechert LLP on

A D.C. Circuit decision (In re Kellogg Brown & Root, Inc.) has confirmed privilege over employee statements during in-house investigations. Can the world take comfort? This article examines privilege in the context of...more

The ERISA Litigation Newsletter - March 2014

by Proskauer Rose LLP on

Our first article this month addresses the treatment of the attorney-client privilege in employee benefits matters. Pursuant to the so-called "fiduciary exception," communications between an attorney and a plan fiduciary are...more

Privilege Does Not Cover Communications With Outside Counsel Relating To Business-Related Advice, E.D.N.Y. Holds

Koumoulis v. Independent Financial Marketing Group, Inc., No. 10-CV-0887 (E.D.N.Y Jan. 21, 2014): A federal district court judge narrowly applied the attorney-client privilege and work-product doctrine by granting the...more

Financial Services Tax – UK Update from Dechert’s Tax Group - February 2013: Privilege and Prudence

by Dechert LLP on

Legal advice privilege has seized the focus of attention yet again, as a result of the UK Supreme Court’s decision in Prudential delivered on 23 January 2013. In overview, Prudential sought to withhold documents including...more

Supreme Court confirms that legal advice privilege does not apply to communications with non-lawyers

by White & Case LLP on

The Supreme Court this week handed down judgment in the case of R (on the application of Prudential plc and another) v Special Commissioner of Income Tax and another, confirming that legal advice privilege does not extend to...more

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