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Attorney-Client Privilege

Attorney Client Privilege is Not Dead – At Least Not in Pennsylvania

by Tucker Arensberg, P.C. on

Confidential information that you give to your attorney is still protected in Pennsylvania. The duty to keep your information confidential is known as the attorney-client privilege. The duty is called a “privilege” because it...more

11th Circuit Holds Crime-Fraud Exception Applies to Attorney Misconduct

by Robins Kaplan LLP on

After the motions panel granted permission to bring an interlocutory appeal, the Eleventh Circuit held that the crime-fraud exception could overcome a claim of work product when attorneys, as opposed to their clients, were...more

The Cohen Search Warrants – DOJ Procedures for Approval

by Michael Volkov on

With all the recent hoopla and commentary on the Michael Cohen criminal investigation and the execution of search warrants against Cohen, it is important to focus on what is true, what is exaggerated and what is outright...more

Considerations Regarding Attorney-Client Privilege In The Joint Representation Of Multiple Clients

by Carlton Fields on

The attorney-client privilege is one of the cornerstones of the legal profession. Despite the privilege’s sacrosanct nature, there are exceptions to the well-established rule that the communications between an attorney and...more

Hi Ho Silver: Texas Supreme Court Finds Patent Agent Communications Protected

by McDermott Will & Emery on

The Supreme Court of Texas held that a client’s communications with a registered patent agent, made to facilitate the agent’s provision of authorized legal services to the client, fall within the Texas attorney-client...more

U.S. Customs and Border Protection Updates Directive on Searches of Electronic Devices

by Benesch on

U.S. Customs and Border Protection (“CBP”) recently updated its 2009 directive pertaining to border searches of electronic devices. The Supreme Court of the United States has deemed warrantless searches by CBP legal and...more

May a Defendant Avoid an Implied Privilege Waiver by Withdrawing an "Advice of Counsel" Defense?

by McGuireWoods LLP on

Because implied waivers do not involve actual disclosure of privileged communications, litigants triggering an implied waiver can sometimes change their position before it is too late. In Aboudara v. City of Santa Rosa,...more

Work Product and Attorney-Client Privilege Concerning Documents Drafted Prior To Litigation: Eastern District Of New York Finds...

Insurers retain outside counsel during claim investigations for a variety of reasons, including, among others, providing coverage advice, assisting in reviewing and responding to communications with insureds that have legal...more

Disclosures Redux – Outside Auditors and Attorney Work-Product

Following our recent post on disclosures to the EPA, this week we’re going to look at disclosures to outside auditors, often in the context of internal investigations, and steps to take to limit any waiver of attorney...more

Attorney-Client Privilege Extends to Patent Agents

by Strasburger & Price, LLP on

In a recent opinion, the Texas Supreme Court resolved a question of interest to patent attorneys—is there a privilege for communications between a patent agent and his client? In re Silver, No. 16-0682, 2018 Tex. LEXIS 171...more

Gordon Woodward Comments on Instructive Court Opinion Regarding Communication with In-House Counsel

In SodexoMAGIC, LLC v. Drexel University, Civil Action No. 16-5144 (ED Pa. 2018), Judge Baylson addressed the issue of attorney-client privilege and communications between company employees and their in-house counsel. This is...more

Courts Wrestle with Privilege Protection for Client Consultants: Part I

by McGuireWoods LLP on

The attorney-client privilege protects confidential communications between clients and their lawyers. Corporate client consultants may also deserve this protection if they act as the "functional equivalent" of corporate...more

The Attorney-Client Privilege When Non-Party Experts Are Part of the Communications

by Burns & Levinson LLP on

It is not unusual for business people and/or in-house counsel to consult with accountants or other non-party experts when contemplating a potential business transaction. As the defendants in The C Company, Inc. v. Hackel...more

Best in Law: Tips to Keep Client-Attorney Communications Confidential

by Best Best & Krieger LLP on

Most people have heard of the “attorney-client privileged communication” and may even have a fair idea of what that means. But a lack of understanding about how it works can lead to errors that can render the communication no...more

Are Invention Disclosure Documents Protected By Attorney-Client Privilege?

by Fox Rothschild LLP on

A common first step in the patent filing process is the completion of an invention disclosure form. The form asks the inventors to provide basic details about the invention, including who invented it, what problem does the...more

ABA Clarifies Lawyers' Confidentiality Obligations Regarding Online Public Commentary

by Holland & Knight LLP on

• The American Bar Association (ABA), on March 6, 2018, issued Formal Opinion 480, which specifically examines confidentiality obligations for lawyer blogging and other public commentary. • Notably, the opinion recites the...more

Compliance and the Attorney-Client Privilege

by Michael Volkov on

Chief compliance officers have to work closely with the chief legal officer or general counsel on a number of important issues. ...more

Think Your “Private” Posts are Private? In New York, “Private” Facebook Posts are No Longer Protected from Discovery

by Dorsey & Whitney LLP on

In a recent unanimous decision, Forman v. Henkin, the New York Court of Appeals, New York’s highest court, removed the heightened requirement set by the lower courts for a party requesting the production of social media posts...more

Healthcare Fraud & Abuse Review 2017

by Bass, Berry & Sims PLC on

A LOOK BACK... A LOOK AHEAD - While the uncertainty associated with legislative efforts to repeal the Patient Protection and Affordable Care Act (PPACA) dominated most of the headlines for the healthcare industry last year,...more

This Day in White Collar History: Remembering Henry Friendly

Henry Friendly still has my vote for the title of greatest American judge who ever served at any level. It’s the country’s misfortune that he never served on the U.S. Supreme Court. He did, however, spend nearly thirty years...more

Federal Court of Appeal Quells Concern over Transactional Common Interest Privilege

by Bennett Jones LLP on

A December 2016 a decision of the Federal Court caused chills for corporate lawyers across Canada when it held that common interest privilege does not apply in the transactional context where otherwise privileged material is...more

Use of Patent Agents Increasingly Fortified

by Miles & Stockbridge P.C. on

On Friday, February 23, 2018, the Texas Supreme Court overturned a lower court’s ruling that attorney-client privilege does not extend to patent agents. The ruling, bound to reverberate throughout the intellectual property...more

State Appellate Courts Assess Implied and "At Issue" Waivers: Part I

by McGuireWoods LLP on

Disclosing privileged communications to third parties normally waives that fragile protection. But even without disclosure, clients relying on privileged communications or placing such communications "at issue" can also...more

Defence + Indemnity: February 2018 - V. PRACTICE ISSUES

by Field Law on

V. PRACTICE ISSUES - A. Documents generated for an internal investigation of an accident can be protected by litigation privilege if they were created for the dominant purpose of litigation but that does not mean that...more

E-Discovery Update: Look Before You Post: Beware the Dangers of File-Sharing Sites

by McGuireWoods LLP on

In Harleysville Insurance Company v. Holding Funeral Home, Inc., et al., 2017 WL 4368617 (W.D. Va. 2017), an investigator for Nationwide, which owns Harleysville Insurance, uploaded a surveillance video of a fire scene to an...more

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