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Attorney-Client Privilege

Holland & Hart - Fiduciary Law Blog

Your Secret’s Safe with Your Estate Planning Attorney, Or Is It?

A mother visits her attorney to discuss her estate plan. She expects that the conversations she has with her attorney will be forever confidential and privileged, particularly when she wishes to guard uncomfortable realities...more

McGuireWoods LLP

Court Rejects the Common Interest Doctrine's Applicability for Yet Another Reason

by McGuireWoods LLP on

The common interest doctrine can avoid the normal waiver implications of disclosing privileged communications to third parties. But some courts do not recognize the doctrine at all, and most courts impose various requirements...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Is a Wetland Mitigation Project Permitted in an Area Zoned "Agricultural Residential"?: New Jersey Appellate Court Opinion

A New Jersey appellate court addressed in a July 31st opinion whether a wetlands mitigation project is permitted in an agricultural residential zone. See Baduini v. Land Use Bd. Of Independence Township Docket No.,...more

Morrison & Foerster LLP

Maximizing Protection of Attorney-Client Privilege in Germany

by Morrison & Foerster LLP on

The Diesel-gate scandal has now affected attorney-client privilege in Germany. Several German courts approved a search of international law firm Jones Day’s premises in Germany and the seizure of attorney-client communication...more

Butler Weihmuller Katz Craig LLP

Attorney Client Privilege and Work Product Protection: Brief Overview

Claims investigations involving counsel often include communications relating to his or her understanding of the facts, opinions of relevant law, and recommendations. Oftentimes, claim notes or other claim file materials...more

Proskauer - Labor Relations

Concluding the 2016 Persuader Rule Changes “Exceeded Authority” of the LMRDA, DOL Rescinds Them

by Proskauer - Labor Relations on

The Department of Labor fully rescinded the 2016 changes made to the Persuader Rules. The DOL concluded that the 2016 rule changes “exceeded the authority of the Labor-Management Reporting and Disclosure Act (LMRDA)” because...more

Michael Volkov

Crime-Fraud Exception to Attorney-Client Privilege

by Michael Volkov on

The attorney-client privilege is an invaluable tool that is used to encourage frank and open communications between a client and an attorney. Clients rely on the privilege when communicating with attorneys. It is important...more

Esquire Deposition Solutions, LLC

How Social Media Waives Former Client Confidentiality

Privacy is actively discouraged by using social media. Chat rooms encourage public discussions, Facebook posts are available for friends to see, and lengthy arguments fuel a frenzy of comments and re-tweets on Twitter feeds....more

Dorsey & Whitney LLP

Privilege In Government Investigations: The Walmart FCPA Case

by Dorsey & Whitney LLP on

The attorney-client privilege serves the long, well-established goals of encouraging full and frank disclosure between an attorney and client, thereby promoting the public interest as the Supreme Court held in UpJohn v. U.S.,...more

Allen & Overy LLP

A closer look: Germany - Landmark decision of the German Federal Constitutional Court on legal privilege in internal...

by Allen & Overy LLP on

The concept of legal privilege between a lawyer and his client is not recognised in the same way under German law as it is in common law jurisdictions. In particular, the jurisprudence of the German courts has until now...more

Esquire Deposition Solutions, LLC

Avoid Inadequate Clawback Agreements with These Tips

Privileged documents are sometimes inadvertently disclosed to opposing parties during discovery and the litigation process, breaching attorney-client privileges and causing havoc for both defense and plaintiff counsels. To...more

Pillsbury - Policyholder Pulse blog

Check Under the Hood: Optimize Your Insurance Coverage with an Attorney Review of Your Policies before Renewal

When you’re buying a new car, you rely on a good salesperson to impress you with all of its features and gadgets. But when it’s time for maintenance, or when something goes wrong, you don’t go back to that salesperson to look...more

Nexsen Pruet, PLLC

Bad Faith Actions in South Carolina: Will Attorney-Client Privilege Survive?

by Nexsen Pruet, PLLC on

South Carolina’s attorney-client privilege protects against the disclosure of communications pursuant to which legal advice of any kind is sought by a client from a professional legal adviser, acting in that capacity. At the...more

McGuireWoods LLP

Does a Third Party's Presence Destroy the Attorney-Client Privilege and the Work Product Doctrine Protections?

by McGuireWoods LLP on

Most privilege and work product cases focus on those two protections' applicability to documents or communications, or on the waiver effect of disclosing preexisting protected documents to third parties. But some cases focus...more

Ruder Ware

Employee Use of Company E-mail May be Protected from Company View

by Ruder Ware on

Companies have always taken the position that an employee’s use of company e-mail is not private, and can be accessed and reviewed by the company at any time. There have been a large number of court cases, which have held...more

Farella Braun + Martel LLP

Battling Government Investigations Series – Cooperation and Voluntary Disclosure

by Farella Braun + Martel LLP on

It always comes when you least expect it – a government inquiry to investigate your business. While it may instill a sense of panic, there are steps you can take to make sure you’re in the best position possible when the...more

Jones Day

Second Circuit Precludes Foreign Proceedings Discovery From U.S. Counsel

by Jones Day on

This is a significant decision, given how often non-U.S. clients entrust U.S. law firms with their documents. On July 10, 2018, the U.S. Court of Appeals for the Second Circuit ruled that law firm Cravath need not divulge...more

White & Case LLP

Federal Constitutional Court draws formal limits to the prohibition of seizure of evidence on lawyers' premises

by White & Case LLP on

The protection from seizure by law enforcement, which the client-attorney privilege affords to the findings gathered by lawyers who are commissioned with internal investigations at businesses, has narrow limits. The affiliate...more

Esquire Deposition Solutions, LLC

What to Consider Before Agreeing to Joint Defense

In matters of representation in complex cases, litigators have a responsibility to protect a client’s case and defend their right to invoke the Fifth Amendment. But these ideals become compromised when a lawyer deposes...more

McGuireWoods LLP

Court Protects an Employee's Personal Privileged Communications Using the Company's Email Account

by McGuireWoods LLP on

Starting 10-15 years ago, many courts addressed corporate employees' privilege claims for communications with their personal lawyers (usually employment lawyers) using their employers' email infrastructure. Most states (other...more

Jones Day

Board Practices in the Digital Age: Beyond Corporate Housekeeping

by Jones Day on

The Background: Technology has transformed the way that directors receive and review information and communicate with each other and with management. The Issue: Although many modern board practices are more secure and...more

Latham & Watkins LLP

Law Firm Search in Connection With “Diesel Emissions Scandal” Lawful, German Federal Constitutional Court Says

by Latham & Watkins LLP on

The recent Federal Constitutional Court decision severely limits legal privilege in German criminal investigations, but provides useful guidance to ensure privilege in limited circumstances. German government is called upon...more

Cozen O'Connor

Attorney-Client Privilege Can Protect Multi-Purpose Corporate Communications

by Cozen O'Connor on

A question that has vexed corporate litigants is whether communications between counsel (be it in-house or outside counsel) and a corporation’s employees are protected from discovery under the attorney-client privilege if...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - June 2018

The 10th edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

McGuireWoods LLP

May Litigants Rely on Their Lawyers' Statements to Support Privilege Claims?

by McGuireWoods LLP on

Every court agrees that litigants must support their privilege claims with something other than naked assertions. But they disagree about the type of support required to justify withholding documents or testimony. ...more

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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