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Attorney-Client Privilege Confidential Communications Privilege Waivers

Carlton Fields

Joint-Defense and Common-Interest Agreements in Government Investigations: Best Practices for In-House Counsel to Retain Privilege...

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Introduction - Your company is under investigation by the government. As part of the investigation, the government subpoenaed an employee for testimony. The employee retained a lawyer (separate from your company’s outside...more

Ward and Smith, P.A.

Teamwork Can Sometimes Make the Dream Work: How to Properly Maintain the Protections of Common Interest Doctrine in North Carolina

Ward and Smith, P.A. on

Parties to a lawsuit often find themselves on the "same side of the courtroom" as other entities or individuals. In these instances, where a party is one of multiple (or many) co-plaintiffs or co-defendants, it is often...more

McGuireWoods LLP

"At Issue" Waivers Implicate Subtle Distinctions

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The frighteningly unpredictable "at issue" waiver doctrine can strip away attorney-client privilege protection when the client seeks some legal advantage by putting "at issue" its knowledge, ignorance, conduct, etc. This type...more

Butler Snow LLP

When Sharing is Caring: The Federal “Common Interest Privilege”

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The attorney-client privilege protects communications for the purpose of obtaining legal advice between attorney and client. It applies not only to communications with outside counsel but also with in-house attorneys who are...more

McGuireWoods LLP

Delaware Court Provides Transactional and Practical Guidance: Part I

McGuireWoods LLP on

Corporate stock and asset sale transactions necessarily implicate ownership of: (1) ordinary day-to-day privileged communications about environmental matters, labor matters, etc., and (2) privileged communications about the...more

Butler Snow LLP

Really? I Shouldn’t Bring My BFF to My Lawyer’s Office?

Butler Snow LLP on

The Pagliara divorce has given us much to talk about. In “Sex, Lies, (Drugs) and Videotape … and Malicious Prosecution”, we discussed the dismissal of Husband’s malicious prosecution claims against Wife’s former divorce...more

White & Case LLP

RBI v Asia Coal Energy: Court of Appeal confirms that communication of solicitor instructions does not of itself waive underlying...

White & Case LLP on

In Raffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Ashurst LLP,  the Court of Appeal distinguished the case of Conlon v Conlons Ltd, and provided a helpful analysis of the circumstances in which instructions...more

Brooks Pierce

NC Business Court: Attorney-Client Privilege For Corporations

Brooks Pierce on

The NC Business Court delivered a full Opinion last week on attorney-client privilege in Technetics Group Daytona, Inc. v. N2 Biomedical, LLC, 2018 NCBC 115. It’s on the subject of the scope of attorney-client privilege...more

Burns & Levinson LLP

Waiver of the Attorney-Client Privilege in Connection with Internal Investigations

Burns & Levinson LLP on

While most parties and their counsel are vigilant in keeping their communications confidential, so as to avoid any chance that the attorney-client privilege can be invaded, there are some situations in which a party makes a...more

Esquire Deposition Solutions, LLC

Retaining Attorney-Client Privilege with Third Parties

Under certain circumstances, a public relations firm’s services become integral to the litigation process, securing attorney-client privileges between lawyers, clients, and the PR firm itself. But privileges aren’t always...more

Farella Braun + Martel LLP

Battling Government Investigations Series – Cooperation and Voluntary Disclosure

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

Foley & Lardner LLP

Illinois Appellate Court Recognizes Common Interest Exception to Waiver of Privilege Rule

Foley & Lardner LLP on

On December 7, 2017, an Illinois appellate court held that co-defendants in a case who agree to share information pursuant to their common interest in defeating their litigation opponent do not waive either the...more

McGuireWoods LLP

Courts Continue to Catalogue Client Consultants Outside Privilege Protection

McGuireWoods LLP on

Clients' agents/consultants are nearly always outside privilege protection. This generally means that their documents do not deserve privilege protection; their presence during otherwise privileged communications aborts that...more

Proskauer - Minding Your Business

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...more

Ward and Smith, P.A.

2016 Guidance from the North Carolina Court of Appeals on Attorney-Client Privilege Issues

Ward and Smith, P.A. on

In civil litigation, parties frequently communicate with consultants, tax advisors, friends, family, and others concerning the subject matter of the litigation, and such communications raise issues regarding the possible...more

Farella Braun + Martel LLP

California Supreme Court Concludes Attorney Invoices Privileged During Ongoing Litigation

Attorney invoices may be protected in their entirety by the attorney-client privilege during ongoing litigation. After litigation has concluded, however, those same invoices may be discoverable. So concludes the California...more

Proskauer - Minding Your Business

New York’s Highest Court Refuses to Expand the Common Interest Doctrine to Merging Parties

On June 9, 2016, the New York Court of Appeals issued a stark reminder to transactional lawyers: no matter how much “common interest” two parties may have with respect to a transaction, the common interest doctrine may not...more

Goulston & Storrs PC

Does the Attorney-Client Privilege Protect Communications With A Company’s Outside Consultants?

Goulston & Storrs PC on

A recent decision by the Massachusetts Land Court provides helpful guidance to clients who frequently rely on independent contractors such as brokers, project managers and public relations consultants to interface with their...more

Polsinelli

A Tale Of Two States: Access To Attorney-Client Privilege Materials In Intra-Corporate Disputes Involving Close Corporations

Polsinelli on

Most people communicating with their lawyer rightfully believe their discussions are privileged and cannot be disclosed to others without permission. However, when litigation ensues, because the attorney-client privilege...more

Brownstein Hyatt Farber Schreck

Limit the Risks Associated with Distributing Privileged Communications Inside the Company

Our team at Brownstein Hyatt Farber Schreck recently alerted you to the risk of corporate executives using business email accounts for personal purposes. Click here to read the first alert. In light of developing case law in...more

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