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Attorney-Client Privilege Functional Equivalent

Burr & Forman

Keeping the PR in Privilege: Outside Public Relations and the Attorney-Client Privilege

Burr & Forman on

In an earlier edition of the TIPS newsletter, we discussed the importance of outside counsel acting in the role of counsel, and not the role of an insurance adjuster, to preserve the attorney-client privilege over...more

Davis Wright Tremaine LLP

Washington Supreme Court Extends Corporate Privilege to Non-Employee Agents

The Washington Supreme Court decided that a corporation's attorney-client privilege may protect communications with independent contractors and other non-employee agents in a recent decision styled Hermanson v. MultiCare...more

Troutman Pepper

Protecting Privilege When Communicating With Contractors

Troutman Pepper on

As more businesses rely on independent contractors and specialists, the courts continue to define where those independent contractors fit for purposes of the attorney-client privilege. Here we discuss recent decisions...more

Butler Snow LLP

You’re Not My Client … But the Attorney-Client Privilege Still Applies!

Butler Snow LLP on

In Dialysis Clinic, Inc. v. Kevin Medley, 567 S.W.3d 314 (TN 2019), the Tennessee Supreme Court decided as a matter of first impression that attorney communications with a third party for the purpose of providing legal advice...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

WilmerHale

Keeping PR Strategy Communications Privileged: Part 1

WilmerHale on

Companies faced with high-profile legal challenges often turn to outside public relations firms to help them navigate the choppy waters of industry reputation, maintain shareholder confidence and preserve their hard-earned...more

Troutman Pepper

Protecting Communications From PR Privilege Issues

Troutman Pepper on

Two recent cases in state appellate court show the risks of sharing privileged communications with public relations consultants. But they also provide practical guidance on how to protect the confidentiality of...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

Allen Matkins

Are Consultant’s Employees Functionally Equivalent To Client’s Employees?

Allen Matkins on

As a general matter, the attorney-client privilege is waived by disclosing a communication to a third party. When a corporation hires an investment banker, the corporation’s attorneys will frequently communicate with...more

McGuireWoods LLP

A Southern District of New York Decision Adopts Narrow Views of Privilege Protection for Independent Contractors and...

McGuireWoods LLP on

Last week's Privilege Point described the Southern District of New York's prediction that the Second Circuit might reject the widely-accepted "functional equivalent" doctrine. Church & Dwight Co. Inc. v. SPD Swiss Precision...more

McGuireWoods LLP

A Southern District of New York Decision Adopts Narrow Views of Privilege Protection for Independent Contractors and...

McGuireWoods LLP on

Not all recent Southern District of New York decisions have favored privilege protection in the corporate setting. In Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GmbH, No. 14-cv-585, 2014 U.S. Dist. LEXIS 175552...more

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