Marital Communications Privilege

News & Analysis as of

Communication That Was Business Communication Could Not Be Protected by Attorney-Client Privilege But Could be Protected by...

Flatworld Interactives ("Flatworld") filed a patent infringement action against Apple Inc. ("Apple"). During the litigation, Apple sought the production of several documents that Flatworld claimed were protected by the...more

“Love and Marriage” – New Jersey Supreme Court Poised to Determine Whether the Marital Privilege Can Defeat Wiretap Evidence

In Brief - Over the past four years, the government has broadened the use of wiretaps to include insider trading, and to great success (the recent convictions of Raj Rajaratnam and Rajat Gupta serve as examples of...more

White Collar Watch - August 2013

Contents - SEC Changes Course: Some Companies Must Now Admit Wrongdoing - Fifth Circuit’s Recent Dodd-Frank Whistleblower Ruling May Benefit Employers - “Love and Marriage” – New Jersey Supreme Court...more

A Marital Disqualification

I got caught this April Fools’ Day by a very funny and elaborate April Fools’ prank by my partner Shep Davidson, co-author with Renee Inomata of The In-House Advisor blog. It made me think about a real evidentiary...more

Do You Need A Lawyer for a Federal Grand Jury Subpoena? [Video]

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), discusses how a lawyer can add value if you have received a federal grand jury subpoena. If you'd like more...more

Fourth Circuit Rules Emails Sent From Husband’s Work Address To His Wife Are Not Privileged

On December 13, 2012, the Fourth Circuit found that emails sent from a husband to a wife were not protected by the marital privilege because they were sent from his work computer....more

Confidentiality From The Boardroom To The Bedroom

Sometimes we can learn valuable employment law lessons from even the non-employment law court decisions. What happens if the boardroom meeting to discuss your company’s trade secrets ends up as pillow talk between an...more

Fourth Circuit Affirms Marital Privilege Does Not Apply To Emails Exchanged Using Employer’s Computer

On December 13, the U.S. Court of Appeals for the Fourth Circuit held that the marital privilege does not protect information included in emails exchanged via a spouse’s employer-owned computer and network. United States v....more

Marital Communications are “Essential to the Preservation of Marriage” – Unless Made from a Workplace Computer

Communications between spouses are typically accorded a “marital communications privilege” because they are “regarded as so essential to the preservation of the marriage relationship as to outweigh the disadvantages to the...more

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