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Attorney-Client Privilege Advice-of-Counsel Defense

Winstead PC

[Webinar] Financial Services - Issues Regarding The Attorney-Client Privilege For Trustees In Texas - September 26th, 10:00 am -...

Winstead PC on

This presentation will take a detailed look at the attorney-client privilege between a trustee and its attorney, the scope of the privilege, the fiduciary exception that would allow beneficiaries to review communications and...more

McGuireWoods LLP

Privilege Implications of an Explicit or Implicit "Advice of Counsel" Defense: Part II

McGuireWoods LLP on

Last week's Privilege Point described the normal broad subject matter waiver triggered by litigants' explicit defensive reliance on legal advice. Litigants' implicit reliance can have the same effect. In Maar v. Beall's,...more

McGuireWoods LLP

Privilege Implications of an Explicit or Implicit "Advice of Counsel" Defense: Part I

McGuireWoods LLP on

All lawyers know that pleading an "advice of counsel" affirmative defense waives privilege protection. But lawyers must remember such waivers' breadth. In United States v. Trotter, defendant Trotter announced his intent...more

BCLP

The Advice of Counsel Defense - Just How Far Does that Attorney-Client Privilege Waiver Go?

BCLP on

Following a recent federal court ruling, parties contemplating an advice of counsel defense must consider carefully the scope of the accompanying attorney-client privilege waiver. In United States ex rel. Lutz v. Berkeley...more

Akin Gump Strauss Hauer & Feld LLP

Involvement of Opinion Counsel in Trial Strategy Results in a Broad Subject-Matter Waiver that Extends to Trial Counsel

In a December 13, 2016, order (made publicly available in redacted form on January 5, 2017), the District Court for the Eastern District of North Carolina enunciated a broad waiver of the attorney-client privilege for a party...more

Baker Donelson

In-house Bout: Company Privilege Overshadows Advice-of-Counsel Defense

Baker Donelson on

"Legal told me I could do that." This phrase is one of the more common get-out-of-jail-free cards for corporate employees whose actions subject them to civil liability. A recent shift in the law, however, has determined that...more

McGuireWoods LLP

Corporations Can Risk Privilege Protection by Relying Too Heavily on Legal Advice when Firing Employees

McGuireWoods LLP on

Corporations firing employees normally must explain why. All corporate lawyers recognize that affirmatively pleading "advice of counsel" as an employment case defense normally waives privilege protection, but the risks can...more

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