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What Type of "Common Interest" Satisfies the Common Interest Doctrine?

Some lawyers incorrectly assume they can contractually assure that disclosing privileged communications to third parties does not waive the privilege – by entering into a "common interest" agreement. But nearly every month...more

New York Decision Highlights Another Common Interest Doctrine Risk

Under the common interest doctrine, separately represented clients may sometimes avoid waiving their fragile privilege protection when they disclose protected documents to each other. Nearly every court applies the doctrine...more

Courts Continue to Insist that Common Interest Participants Anticipate Litigation

The common interest doctrine can allow separately represented clients to safely share privileged communications in certain circumstances. Although many lawyers hope that courts will begin extending this helpful protection to...more

An In-House Counsel Learns the Hard Way About a Key Difference Between Common Interest Agreements and Joint Representations: Part...

Common interest agreements and joint representations share many characteristics. Both types of arrangements involve lawyers engaging in protected communications with multiple clients. But they are structurally distinct. In...more

Southern District of New York Issues a Troublesome Corporate Privilege Case

Most courts applying privilege principles automatically treat wholly-owned subsidiaries' employees as if they were the parent's employees. However, occasionally courts take a narrower view. In Au New Haven, LLC v. YKK...more

Are Common Interest Agreements Discoverable, and Why Does Anyone Care?

Courts sometimes wrestle with common interest agreements' discoverability. In GeoMetWatch Corp. v. Hall, the court noted that "[c]ases that have addressed whether joint-defense agreements are discoverable or protected...more

Court Takes a Liberal View of Privilege for Communications Between a Plaintiff and a Litigation Funder

With litigants' increasing reliance on litigation funders, courts have had to wrestle with privilege and work product issues, including whether litigants and their litigation funders share a "common interest" allowing the...more

Court Issues a Surprising Common Interest Doctrine Decision

The common interest doctrine can sometimes allow separately represented clients to avoid the normal waiver implications of disclosing privileged communications to each other. However, courts take widely varying views of the...more

Some Courts Misapply the Common Interest Doctrine

The common interest doctrine can allow separately represented clients to share attorney-client privileged communications without waiving that very fragile protection. In contrast to privilege-protected documents, work product...more

Courts Analyze the Common Interest Doctrine's Application in a Patent Context

Courts recognizing the common interest doctrine limit its non-waiver effect to participants' common legal rather than financial interests. It can be difficult to apply this abstract principle to communications between a...more

Common Interest Protection Depends on Participants Cooperating in a "Common Legal Strategy"

The common interest doctrine can avoid the normal waiver implications of separately represented clients sharing privileged communications. But the doctrine applies only in specific situations, and requires careful nurturing...more

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