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Attorney-Client Privilege

McGuireWoods LLP

Courts Begin to Address the Work Product Implications of AI

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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

Franczek P.C.

PAC Issues Decision Holding Attorney-Client Privilege FOIA Exemption is Not Waived Where Disclosure of Records was Required by Law

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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

EDRM - Electronic Discovery Reference Model

Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered?

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

Reveal

FOIA and Open Records Requests - The Ultimate Guide

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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

IR Global

AI: Inevitable, but limited

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How should parties seek and agree to ADR, and what advantages does your jurisdiction offer?...more

McGuireWoods LLP

Two Important Courts in Two Days Highlight the Shrinking Risk of Subject Matter Waivers: Part II

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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

McGuireWoods LLP

Two Important Courts in Two Days Highlight the Shrinking Risk of Subject Matter Waivers: Part I

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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

Jones Day

French Supreme Court Adopts a Restrictive Conception of Attorney-Client Privilege

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A decision handed down by the French Court of Cassation may affect the scope of attorney-client privilege in France....more

EDRM - Electronic Discovery Reference Model

Court-Ordered Production of a “Destruction/Unavailable” Log

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

McGuireWoods LLP

The Bad News and Good News About Litigation Holds and Work Product Claims

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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

Mayer Brown

2024 Cyber Litigation Legal Update – What Your Business Needs To Know

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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

Bradley Arant Boult Cummings LLP

Merely Copying In-House Counsel Does Not Necessarily Establish Attorney-Client Privilege

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

McGuireWoods LLP

When Do Courts Conduct an In Camera Review of Withheld Documents?

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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

Foley & Lardner LLP

What Every Multinational Company Should Know about … Conducting International Internal Investigations

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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

ArentFox Schiff

Accessing Privileged Documents in Illinois Ownership Disputes

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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

Mayer Brown

Legal Privilege in Cyber Incidents: Lessons for Hong Kong from Australia’s Optus Cyber Breach

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSH Law Primer, Part X: Voluntary Safety and Health Self-Audits

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

McGuireWoods LLP

Two August Decisions Assess Privilege Protection for Employee-to-Employee Communications

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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

White and Williams LLP

The Complex Insurance Coverage Reporter: September 2024

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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

Butler Snow LLP

Paranoid Androids [1]: Artificial Intelligence, In-House Counsel, and the Attorney-Client Privilege

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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

McGuireWoods LLP

Courts’ “Intensely Practical” Approach to Surveillance Videos

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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

Allen Matkins

Does Combining Legal And Secretarial Roles Reduce Risk?

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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

McGuireWoods LLP

The Surprising Danger of Including a Spouse on Email Communications

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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

Allen Matkins

The Attorney-Client Privilege In M&A Transactions - A Decade Later

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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

McGuireWoods LLP

Courts Thankfully Back Away From a Broad “At Issue” Waiver Approach

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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

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