As tariffs are imposed and additional tariffs are threatened, companies concerned about the impacts of tariffs on agreements with customers and suppliers should review their contracts and the parameters of the tariff to...more
1. THE ATTORNEY-CLIENT PRIVILEGE -
Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only...more
5/16/2024
/ Attorney's Fees ,
Attorney-Client Privilege ,
Chain of Custody ,
Confidential Information ,
Data Protection ,
Disclosure Requirements ,
Evidence ,
Legal Ethics ,
Privileged Communication ,
Recordkeeping Requirements ,
Waivers
I. THE ATTORNEY-CLIENT PRIVILEGE -
Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only ...more
10/17/2023
/ Attorney-Client Privilege ,
Confidential Communications ,
Disclosure ,
Dispositions ,
Exceptions ,
Extensions ,
Intellectual Property Protection ,
Internal Investigations ,
Patents ,
Privileged Communication ,
Shareholder Litigation ,
Trial Preparation ,
Witness Preparation ,
Work-Product Doctrine
On January 9, 2023, the US Supreme Court heard oral argument in the matter of In re Grand Jury, No. 21-1397, which asked the Court to determine when the attorney-client privilege will protect “dual-purpose communications”...more
On October 3, 2022, the U.S. Supreme Court granted review in a federal grand jury proceeding that may result in the Court expanding the scope of the attorney-client privilege for dual-purpose business communications....more
10/12/2022
/ Appeals ,
Attorney-Client Privilege ,
Boehringer ,
Confidential Communications ,
Criminal Investigations ,
Interlocutory Appeals ,
KBR (formerly Kellogg Brown & Root) ,
Legal Advice Privilege ,
Petition for Writ of Certiorari ,
SCOTUS ,
Tax Returns
In response to a government investigation, the company has conducted a comprehensive internal investigation, taking steps necessary to establish and maintain applicable privileges and protections. The company now wants to...more
In our last newsletter, we analyzed the reluctance of courts to apply privilege to the work of forensic computer consultants following data breaches. Here, we address often unavailing efforts to fit communications with...more
Cyber attacks are increasingly frequent and virulent. An intruder may lurk in a company’s computer system for years, or an attack may be sudden and catastrophic. Millions of people’s personal information and companies’...more
4/18/2022
/ Attorney-Client Privilege ,
Business Litigation ,
Commercial Litigation ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Discovery ,
IT Consultants ,
Litigation Strategies ,
Trial Preparation ,
Work-Product Doctrine