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Attorney-Client Privilege Employees

Esquire Deposition Solutions, LLC

Sidestepping Conflicts and Other Ethical Pitfalls in Employee Depositions

This blog post is the fourth in a series on common ethical challenges that arise when preparing for and conducting depositions. Quite often corporate employers want outside counsel to represent both the corporation and...more

Franczek P.C.

Illinois Appellate Court Issues New Ruling Concerning the OMA and FOIA

Franczek P.C. on

Early this year, the Illinois Appellate Court issued an opinion responding to challenges asserted under the Open Meetings Act (OMA) and the Freedom of Information Act (FOIA). The Appellate Court held that the Village of Oak...more

Troutman Pepper

Top 10 Tips for Drafting Whistleblower Compliant Arrangements

Troutman Pepper on

Background - Under Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Congress expanded protections for whistleblowers reporting possible violations of federal securities laws to the...more

Jackson Lewis P.C.

Strategies for Investigating Misconduct Against Superstars, C-Suite Employees in Retail Industry

Jackson Lewis P.C. on

In the retail industry, when superstars, C-suite employees, and other high-achieving individuals are accused of misconduct, the company has a significant management challenge to address the situation in an unemotional,...more

Carlton Fields

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

Carlton Fields on

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

Burns & Levinson LLP

Reminders on the Attorney-Client Privilege for In-House Counsel

Burns & Levinson LLP on

I just came across a decision issued in the District of Massachusetts, Logue v. The Rand Corporation, and it reminded me of some key aspects of the attorney-client privilege related to in-house counsel about which I have...more

Vinson & Elkins LLP

An Important Reminder Regarding the Scope of the Attorney-Client Privilege in the Corporate Setting

Vinson & Elkins LLP on

Earlier this year, a federal judge in the Northern District of California ordered Elizabeth Holmes (“Holmes”), the founder and former CEO of now-defunct Theranos, Inc. (“Theranos”), to disclose communications between herself...more

Bradley Arant Boult Cummings LLP

Worker Classification Investigations Highlighted

Last week, the Internal Revenue Service issued a polite notice (IR-2021-186) to employers and tax practitioners, as part of National Small Business Week, “to remind… business owners to correctly identify workers as employees...more

Epstein Becker & Green

Attorney-Client Privilege & Employee-to-Employee Communications

Epstein Becker & Green on

Thanks to multiple means of electronic communication that are available these days, employees communicate with each other more quickly and easily—and as a result, more frequently—than ever before. Email and other electronic...more

Davis Wright Tremaine LLP

Protecting Diversity, Equity, and Inclusion Efforts by Utilizing Attorney-Client Privilege

One positive trend in 2020 has been employers embarking upon, or significantly expanding, their diversity, equity, and inclusion (DEI) efforts. Oftentimes, it is human resources professionals or outside DEI consultants that...more

Perkins Coie

Washington Supreme Court Extends Corporate Privilege to Non-Employee Contractors

Perkins Coie on

More than thirty years ago, the Washington Supreme Court ruled defense counsel may not engage in ex parte communications with a plaintiff’s treating physician. Loudon v. Mhyre, 110 Wn.2d 675, 676 (1988). The Loudon rule, as...more

Davis Wright Tremaine LLP

Washington Appeals Court Rejects “Functional Equivalent” Test for Corporate Attorney-Client Privilege

A recent decision from Division II of the Washington Court of Appeals will significantly impact clients who contract with independent contractors and other non-employee agents. ...more

McGuireWoods LLP

How Can Companies Successfully Assert the "Functional Equivalent" Doctrine?

McGuireWoods LLP on

Starting in 1994, most courts have recognized an enormously important privilege doctrine – treating as if they were full-time corporate employees independent contractors who are the "functional equivalent" of such employees. ...more

McGuireWoods LLP

How Far Does the "Functional Equivalent" Standard Extend?

McGuireWoods LLP on

Many previous Privilege Points have addressed the corporate-friendly "functional equivalent" doctrine, under which non-employees who essentially act as employees are inside privilege protection. An equal number of Privilege...more

Womble Bond Dickinson

Middle Market Company Focus: Avoiding Emails that Hurt or Embarrass Your Company

Womble Bond Dickinson on

Email communication is vital to just about every business. But in-house counsel know that what employees write in an email can come back to haunt their company. Womble Carlyle attorney Meredith McKee and Carolinas...more

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