Privilege Waivers Hiring & Firing

News & Analysis as of

Corporations Can Risk Privilege Protection by Relying Too Heavily on Legal Advice when Firing Employees

Corporations firing employees normally must explain why. All corporate lawyers recognize that affirmatively pleading "advice of counsel" as an employment case defense normally waives privilege protection, but the risks can...more

Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity

In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a...more

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