[Podcast] Defining Our Vision and Values
DE Under 3: OFCCP Walks Back Its Earlier “Pay Equity” Directive
JONES DAY TALKS®: International Litigation: Confidentiality and Legal Privilege under French Law
Writing a book as a Big Law partner - Legally Contented Ep. 2 - Christopher Ruhland
Internal Investigations in the Asia-Pacific Region
Cyberside Chats: Preserving Legal Privilege After a Cybersecurity Incident
CyberSide Chats: Yes, you needed a cyber attorney a long time ago (with Erik Weinick)
Client Confidentiality in the Age of Coronavirus [More with McGlinchey Ep. 2]
Jones Day Presents: Strategies for Dealing with the IRS: The IRS Examination
Day 15 of One Month to Better Investigations and Reporting-the Parameters of Privileges
Day 2 of One Month to Better Investigations and Reporting-Selection of Investigative Counsel
Your Cyber Minute: Attorney-client privilege in the midst of a cybersecurity breach
Insurance Companies and the Attorney-Client Privilege in Arizona
Attorney Client Privilege
Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
Do You Need A Lawyer for a Federal Grand Jury Subpoena?
Courts have been scrambling to catch up with the fast and sometimes unpredictable evolution of lawyers’ use of generative AI. Many if not most courts require lawyers to advise them if they relied on AI in preparing filings...more
The PAC recently issued a non-binding opinion, finding a school district did not waive the attorney-client privilege where prior disclosures of the requested records were mandated by state law....more
In Stuart v. County of Riverside, 2024 WL 3086634, at *3 (C.D. Cal. Jun. 14, 2024), the District Court found a relationship between work product designations and triggering of the common-law duty to preserve....more
The Freedom of Information Act (FOIA) and similar open records acts allow the public access to records under the control of governmental agencies. These access rights state that public information shall be delivered within a...more
How should parties seek and agree to ADR, and what advantages does your jurisdiction offer?...more
Last week’s Privilege Point noted the Southern District of New York’s privilege expert’s opinion confirming the modern view that an extrajudicial disclosure of a privileged communication normally does not trigger a subject...more
All lawyers worry that waiving privilege protection for some communications might trigger a damaging subject matter waiver requiring disclosure of related communications. Such a subject matter waiver risk normally does not...more
A decision handed down by the French Court of Cassation may affect the scope of attorney-client privilege in France....more
I have never heard of a “destruction/unavailable” log; however, in the comprehensive – indeed, exhaustive – decision of Leprino Foods Co. v. Avani Outpatient Surgical Center, Inc., 2024 WL 4488711 (C.D. Ca. Sep. 30, 2024),...more
Some courts understandably conclude that the anticipation of litigation that can assure work product protection also requires the litigant to impose a litigation hold on pertinent documents. Perhaps that is not a perfect...more
By now, companies across all industries have become familiar with the lifecycle and stages of a ransomware incident. Generally, once an attack is contained, remediation and rebuilding will follow. Shortly after, the crisis...more
Businesses who employ in-house attorneys frequently assume that copying their lawyer on internal communications shields the communications from discovery because of the attorney-client privilege. In 1981, the U.S. Supreme...more
Given the bare bones nature of many privilege logs, courts sometimes may be called upon, or themselves decide, to review withheld documents in camera to assess the grounds for the documents’ withholding. A handful of courts...more
Share on Twitter Print Share by Email Share Back to top Conducting effective cross-border internal investigations is more critical than ever for companies facing increasingly complex regulatory frameworks across the globe....more
Business divorces are often messy. The reasons for business divorces vary – personality-driven disputes, disagreements over business direction, or timing and distribution of earnings. Whatever the reason, when controlling...more
Important lessons for Hong Kong organisations managing cyber accidents may be learned from the noteworthy ruling in a recent Australia case, Singtel Optus Pty Ltd v. Robertson [2024]. For background, from 17-20 September...more
This is the tenth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more
Corporate litigants’ privilege logs often trigger privilege disputes about internal corporate communications not involving a lawyer — because the log does not mention a lawyers’ participation. But there are at least two...more
S.K.A.V., L.L.C. v. Indep. Specialty Ins. Co., 103 F.4th 1121 (5th Cir. 2024) Fifth Circuit predicts that, as amended, a Louisiana statute (Revised Statute § 22:868)* prohibiting certain insurance contracts from depriving...more
Many things go without saying. But the fact that attorneys wear many hats—especially those working as in-house counsel—shouldn’t be one of them. These professionals must not only appear Janus-like in their ability to...more
In contrast to the somewhat abstract doctrine-driven attorney-client privilege, courts have described the work product doctrine as “intensely practical.” Their treatment of defendants’ surveillance videotape of personal...more
The California General Corporation Law requires that a California corporation have a secretary. Cal. Corp. Code § 312(a)(2). The CGCL, however, says nothing about a chief legal officer. Indeed, many corporations do not...more
Most lawyers know that state statutes or common law doctrines often protect communications between spouses – although there is wide variation in such approaches. But there is a lurking danger that all of us should keep in...more
In 2013, then Chancellor Leo Strine determined that under Section 259 of the Delaware General Corporation Law the attorney-client privilege held by the target company follows to the surviving company after a merger. Great...more
Starting about 50 years ago in the case of Hearn v. Rhay, 68 F.R.D. 574 (E.D. Wash. 1975), some courts recognized a broad “at issue” waiver that could strip away privilege without the holder’s disclosure of or even reference...more