News & Analysis as of

Outside Counsel Attorney-Client Privilege

Foley & Lardner LLP

Insider Threat Investigations: Considerations for Employers to Effectively Manage the Threat

Foley & Lardner LLP on

“Insider threats” can come in various forms — fraud, embezzlement, theft of confidential information, failures to follow policy, and more. Employers regularly face threats to their businesses, but when the threat comes from...more

Reveal

How Outside Counsel Can Improve Cooperation With In-House Counsel in 2023

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Outside counsel is an integral part of the legal industry. Sometimes companies hire law firms to handle the entirety of a legal issue or dispute, while other times they retain outside counsel only for specific questions or...more

Epiq

Why no Organization Should be without a Cyber Attorney

Epiq on

Cybersecurity is a top concern for organizations of all shapes and sizes. Whether it be a global organization or a small business, each will inevitably collect and store consumer data that hackers could attempt to steal....more

Epiq

CyberSide Chats: Yes, you needed a cyber attorney a long time ago (with Erik Weinick)

Epiq on

Jerich Beason is joined by Erik Weinick. Erik's experience includes privacy, cybersecurity, bankruptcy, commercial torts, defamation/slander, regulatory to name a few. He is also the co-founder of Otterburg’s Privacy &...more

Goodwin

Conducting Internal Investigations: In-House Counsel’s Guide

Goodwin on

Whether you are a director, or a member of an in-house legal, human resources, or internal audit team, there are sensitive scenarios that occur daily in companies and charitable organizations across industries that trigger...more

Miles & Stockbridge P.C.

Can You Use Outside Counsel to Preserve Work Product Protection for A Forensic Breach Report?

The answer, maybe, but it depends on the facts in each case. Merely because a company has its outside legal counsel directly retain a third party service provider for an incident response, i.e., digital forensics, does not...more

White and Williams LLP

Coverage Counsel Authors Insurer’s Letters – Leads To Waiver of Attorney-Client Privilege

White and Williams LLP on

The other thing more unexciting than a discovery dispute is reading about someone else’s discovery dispute. But Wednesday’s decision from the Washington federal court in Canyon Estates Condominium Association v. Atain...more

Eversheds Sutherland (US) LLP

Legal privilege of corporate internal investigations under US law - 2019 caselaw update

Understanding the boundaries of legal privilege in corporate internal investigations is critical. When counsel, either internal or external, misunderstands these boundaries, the result can be disastrous....more

Conn Maciel Carey LLP

[Webinar] Working Effectively with Counsel During Investigations and Contest - July 19th, 1:00pm ET

Conn Maciel Carey LLP on

Dealing with enforcement isn’t at the top of any operator’s favorite things list. It can be a stressful and concerning experience for even the most seasoned operations. Often companies decide to engage with legal counsel...more

Thomas Fox - Compliance Evangelist

Day 2 of One Month to Better Investigations and Reporting-Selection of Investigative Counsel

A key component of this fair and objective evaluation is the WHO question; that is, who should supervise the investigation and who should handle the investigation? You should have independent counsel should handle any serious...more

Brownstein Hyatt Farber Schreck

Protect the Privilege: Considerations in Employment Investigations

Employers can take many steps to help maximize the likelihood that attorney-client privileged information and work product will be protected in the context of employment-related investigations. In the recent case of City...more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Seyfarth Shaw LLP

Personnel Investigation By Outside Attorney Protected From Disclosure In Discovery

Seyfarth Shaw LLP on

Seyfarth Synopsis: California Court of Appeal holds that (1) an outside attorney’s investigation can be privileged even though the attorney simply investigated facts, and (2) the employer does not waive the privilege simply...more

Butler Snow LLP

Why Every Data Breach Response Plan Should Involve Outside Counsel

Butler Snow LLP on

The importance of retaining outside counsel after a data breach was recently underscored in the Target data breach class-action litigation filed by the financial institutions. Plaintiffs filed a motion to compel Target to...more

Sheppard Mullin Richter & Hampton LLP

Whew! That Was Close – D.C. Circuit Reaffirms Application of Attorney-Client Privilege and Attorney Work Product Doctrine in...

On August 11, 2015, the U.S. Court of Appeals for the D.C. Circuit issued a writ of mandamus supporting the robust applicability of the attorney-client privilege and attorney work product doctrines in the context of False...more

Bradley Arant Boult Cummings LLP

The In-House Attorney-Client Privilege

It’s simple—the attorney-client privilege protects from discovery communications between a client and his or her lawyer. It’s challenging—the privilege applies to communications between (some) corporate representatives and...more

Thomas Fox - Compliance Evangelist

Do Law Firms Have An In-House Privilege?

There is often a discussion about the retention of outside counsel to lead an investigation of alleged violations of the US Foreign Corrupt Practices Act (FCPA) so that the company may maintain the attorney-client privilege....more

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