News & Analysis as of

Upjohn Warnings Confidential Communications

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court to Assess Attorney-Client Privilege When Legal and Business Advice Intertwine

The attorney-client privilege protects confidential communications between clients and their attorneys made for the purpose of obtaining or providing legal advice. In Upjohn Co. v. United States, a seminal 1981 decision...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

WilmerHale

Banking Regulators' Examination Authority Does Not Override Attorney-Client Privilege

WilmerHale on

Notwithstanding the venerable status of the attorney client privilege and the important purposes it serves, the federal banking regulators and the Consumer Financial Protection Bureau have taken the position that they have...more

Holland & Knight LLP

Washington Supreme Court Creates Bright-Line Rule - Postemployment Communications Between Former Employees and Corporate Counsel...

Holland & Knight LLP on

The Washington Supreme Court held in a 5-4 vote that attorney-client privilege does not apply to communications between corporate counsel and former corporate employees, even if the communications concern what the employees...more

Snell & Wilmer

Common Sense Prevails as D.C. Circuit Applies Upjohn in Vacating District Court Order to Produce Investigation Reports

Snell & Wilmer on

Government contractors and other companies subject to internal investigation requirements won some relief from the United States Court of Appeals for the D.C. Circuit on June 26 with a decision that firmly reiterated that...more

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