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Attorney-Client Privilege

McGuireWoods LLP

Can Clients Safely Share Protected Communications With Their Parents?

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The attorney-client privilege is so fragile that even disclosing protected communications to family members normally waives it. An Arizona appellate court recently took a forgiving view, but a concurring judge sounded the...more

Array

This Week in eDiscovery: Be Careful What Your ESI Protocol Says

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of May 11-17. Here’s what’s...more

Jenner & Block

[Ongoing Program] CLE Relay - Session 2 - Protecting Privilege in Times of Crisis - June 6th, 10:00 am - 11:00 am PDT

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This one-hour Ethics CLE program will cover the challenges to attorney-client privilege that may arise during a corporate crisis, including tips to communicate with attorneys and outside consultants, invoking the common...more

McGuireWoods LLP

Can One Jointly Represented Client Waive the Groupꞌs Privilege?

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Lawyers frequently represent multiple clients on the same matter. Absent some contractual arrangements to the contrary, those lawyers must share all confidential information with all the jointly represented clients and, of...more

Baker Donelson

Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach

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In the chaos following a cyberattack, forensic reports are often pulled together under intense pressure and can assist companies in responding to and remediating the incident. However, if you're not careful, these reports...more

McGuireWoods LLP

California Federal Court Addresses Discovery About Discovery

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Aggressive litigation adversaries sometimes try to make a discovery sideshow into the main event. A party’s search for responsive documents occasionally triggers such an effort....more

BakerHostetler

AI Audit Best Practices for Building User and Global Trust

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Artificial intelligence (AI) as a field encapsulates machine learning, deep learning and generative AI. As the impact of these technologies continues to grow, industry leaders and regulators have been grappling with how to...more

JAMS

California’s Global Rise: Insights From International Arbitration Week

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How California is shaping the future of cross-border dispute resolution and bridging legal traditions - During California International Arbitration Week (CIAW), JAMS and other leading arbitration institutions from around...more

Venable LLP

To Be or Not to Be...Discoverable: Third-Party Litigation Funders

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Should California courts permit litigants to conduct discovery into litigation funding, namely whether a third party is funding their adversary’s litigation efforts?...more

McGuireWoods LLP

HR Director Repeatedly Reads Lawyer-Drafted Statement to Investigation Target: Waiver?

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Internal human resources investigations often generate numerous privilege and waiver issues. One recent case assessed a common scenario — raising a scary possibility, but then coming to the right conclusion....more

Schwabe, Williamson & Wyatt PC

Practicing Law in the Pacific Northwest: Client Confidentiality

Maintaining client confidentiality is a cornerstone of practicing law, and it is also essential to preserving trust and maintaining professionalism. Unfortunately, many lawyers forget or are not aware of the breadth of their...more

McGuireWoods LLP

Does Disclosing Legal Advice to Financial Advisors Waive Privilege? Part II

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Last week’s Privilege Point described S.D.N.Y. Judge Lewis Liman’s conclusion that a company waived privilege protection for legal advice it received from its counsel by disclosing the advice to its financial advisor China...more

TransPerfect Legal

Search Term Translation for eDiscovery: The Art & Science of Getting the ‘Technical Translation’ Right

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When it comes to eDiscovery, term translation isn't just about converting words from one language into another. It's a highly specialized process that requires a nuanced understanding of both linguistics and technical search...more

Allen Barron, Inc.

When Do You Need a Tax Attorney

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One of the most important indications of when you need a tax attorney is any dispute with or contact from the IRS or any California tax agency. This is especially true if the matter involves an audit (or questions regarding...more

Lowndes

Florida Law Update: Slack Messages May Be Privileged Communication

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Florida’s Sixth District Court of Appeal (6th DCA), which considers appeals from trial courts in an area running from Orange County down to Collier County, recently confirmed that discovery privileges apply to communications...more

BCLP

Understanding the Litigation Privilege

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The litigation privilege insulates communications made by lawyers and their clients during, and in some circumstances, prior to judicial or quasi-judicial proceedings from defamation and other tort claims. ...more

A&O Shearman

French client-attorney privilege: threats on the horizon?

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On March 11, the Criminal Chamber of the French Supreme Court (Cour de cassation) handed down four rulings that drastically narrow the scope of French legal privilege. Under French law, when a dawn raid is carried out in a...more

McGuireWoods LLP

Does Disclosing Legal Advice to Financial Advisors Waive Privilege? Part I

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Companies that retain financial advisors to assist in transactions necessarily share intimate confidential corporate information with them. But can they safely share legal advice with such advisors without risking a privilege...more

EDRM - Electronic Discovery Reference Model

Discovery Rulings in Abrego-Garcia v. Noem Deportation Case

In Abrego-Garcia v. Noem, __ F.R.D. ___, 2025 WL 1166402 (D. Md. Apr. 22, 2025)(Xinis, J.), plaintiffs notified the Court of “seemingly intractable discovery disputes….”  The case is before the District Court after the United...more

A&O Shearman

Medibank class action: navigating the legal privilege maze

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Concerns about claims of legal professional privilege over third-party investigation reports produced in the course of responding to cyberattacks, and the extent to which such reports can be shielded from disclosure in legal...more

Davidoff Hutcher & Citron LLP

My Fashion (Legal) Odyssey: Part 6 How To Choose, Use (And Not Abuse) Your Lawyer

The selection of a professional by a lay person is often a dicey matter. Choosing a lawyer is no different. What qualities should you look for? What are the indicators of a lawyer to avoid? Don’t use your lawyer cousin Bernie...more

McGuireWoods LLP

Court Issues a Double-Barreled Rejection of Litigants’ Common Interest Doctrine Claims

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The common interest doctrine can sometimes protect as privileged communications between separately represented clients. But litigants seeking the doctrine’s protection face many hurdles and often fail....more

DarrowEverett LLP

Why Victims Need an Attorney—Even When They Can't Drop the Case

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How often do we assume a victim controls the trajectory of a criminal case? In reality, although a victim may initiate the criminal complaint, their control ends there. Once the complaint is in the hands of the prosecuting...more

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for April 2025 - April 28th, 1:00 pm - 2:00 pm ET

eDiscovery case law disputes are in full bloom! In our April 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to proportionality of discovery requests, lack of cooperation...more

WilmerHale

2024 Year in Review: Data Breach Litigation

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One of the main risks for a company in the event of a data breach is the threat of litigation. Data breach litigation continued to proliferate in 2024, as it has in prior years....more

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