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Privilege Waivers Legal Advice Privilege

Proskauer - Minding Your Business

Beware the Privilege Waiver During Investor Due Diligence

As though commercial transactions were not already fraught with enough potential pitfalls, a recent decision from the Southern District of New York highlighted yet another risk that could carry significant consequences to...more

Dorsey & Whitney LLP

UK High Court Considers What Amounts to a Waiver of Privilege in Recent Case

Dorsey & Whitney LLP on

On 1 June 2020, the High Court found that, by using references to their lawyers’ legal advice in support of its case that the transactions that formed the subject matter of the application were lawful, a bank had waived...more

Dechert LLP

Privilege Update: Protecting the limits of limited waivers

Dechert LLP on

The courts have recently sent contrasting signals in respect of the scope of legal professional privilege (“LPP”). In A v B and Financial Reporting Council, Mr Justice Trower restated and applied the law on legal advice...more

White & Case LLP

RBI v Asia Coal Energy: Court of Appeal confirms that communication of solicitor instructions does not of itself waive underlying...

White & Case LLP on

In Raffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Ashurst LLP,  the Court of Appeal distinguished the case of Conlon v Conlons Ltd, and provided a helpful analysis of the circumstances in which instructions...more

Dorsey & Whitney LLP

Legal Advice Privilege and In-house Practice: Court of Appeal Provides Welcome Guidance

Dorsey & Whitney LLP on

Existing Test - Legal Advice Privilege (“LAP”) allows a party to withhold from disclosure communications between a lawyer and client, which are confidential and for the dominant purposes of obtaining legal advice. This...more

Miles & Stockbridge P.C.

An Inside Job: Highlights From November’s ACC Presentation

Miles & Stockbridge P.C. on

On November 8, 2017, Suzzanne W. Decker, a Principal in the Miles & Stockbridge Labor, Employment, Benefits & Immigration practice group, and Sandra McLelland, Managing Counsel at Under Armour, presented a webinar to members...more

Morrison & Foerster LLP

KBR And Maintaining Privilege Throughout Investigations

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

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