News & Analysis as of

Attorney-Client Privilege

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

by 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

Is Your Company Email to Santa Protected?

by Gray Reed & McGraw on

Frazzled by the incessant demands for her company Acne Brick’s financial records from her husband’s divorce lawyer Ditcher Quick, company president Annie Acne was wondering what her next maneuver might be when her Information...more

Does the Work Product Doctrine Protect the Identity of Witnesses a Lawyer Chooses to Interview?

by McGuireWoods LLP on

Litigants obviously must identify all witnesses with potentially relevant knowledge about litigated issues. But can litigants claim work product protection for the identity of the subset of those witnesses that their lawyers...more

4 Things the Top E-Discovery Cases of 2017 Can Teach You

by Exterro, Inc. on

Two years on from the last round of FRCP amendments, the courts are still clarifying how these e-discovery rules will be interpreted. One lens through which we can better understand how the court is interpreting the...more

Matt Lauer, Charlie Rose, Harvey Weinstein, Bill O’Reilly, Who’s Next?—Are you prepared for harassment allegations in your...

by Ruder Ware on

Sexual harassment in the workplace is not new. However, the rash of recent cases reported in Hollywood, Corporate America, and our Federal Government are shining a new spotlight on the issue. As an employer in Wisconsin,...more

Attorneys Switching Sides During Litigation Sometimes Allowed… at least in the First Department!

by Farrell Fritz, P.C. on

Notwithstanding general public opinion of attorney ethics, most people (including attorneys) believe that an attorney cannot dump a client in the middle of litigation to represent the other side. However, attorneys in the...more

How Do Courts Decide If Employees CC'ing a Lawyer are Implicitly Seeking Legal Advice?

by McGuireWoods LLP on

Electronic communications exacerbate judges' already difficult task of determining if employees copying lawyers on their communications with fellow employees are implicitly seeking legal advice – and thus deserve privilege...more

Maximizing Efficiency, Minimizing Risk: Understanding the Common Interest Doctrine

by K&L Gates LLP on

The common interest doctrine provides that, if two or more separately represented entities with a common legal, factual, or strategic interest exchange information with each other and their respective lawyers, a communication...more

2017 An Illuminating Year in E-Discovery Case Law

by Exterro, Inc. on

In a half-hour conversation with Exterro Director of Marketing Mike Hamilton, Bree Kelly, Attorney and Editor of EDiscoveryLaw.com, summarized the past year in e-discovery case law as illuminating. Perhaps thankfully, there...more

DOJ Issues New FCPA Policy Offering Incentives to Encourage Disclosure of Foreign Bribery and Corruption Misconduct

by Foley & Lardner LLP on

On November 29, 2017, Deputy Attorney General Rod Rosenstein announced that the U.S. Department of Justice (DOJ) was issuing a new enforcement policy covering its enforcement of the Foreign Corrupt Practices Act (FCPA). The...more

Is it a Privilege to Speak With a PR Consultant? Maybe Not for Kesha!

by Farrell Fritz, P.C. on

So you were just retained on what could become a high-profile case. The stakes are high, and it’s unclear how this will play in the media. The issue may arise based on the parties to the case, the nature of the claims, or...more

New PTO Rule on Attorney-Client Privilege Before the PTAB

by McDermott Will & Emery on

The US Patent and Trademark Office (PTO) issued a new rule on attorney-client privilege for trials before the Patent Trial and Appeal Board (PTAB) on November 7, 2017. The new rule takes effect December 7, 2017. The new rule...more

Breaking News Paris Court of Appeal Grants Legal Privilege Protection

by Reed Smith on

On 8 November 2017, the Paris Court of Appeal decided that emails between in-house counsels relating to the defence strategy set up by the company’s outside counsels, although they neither originated from, nor were addressed...more

S.D.N.Y. Magistrate Judge Francis Analyzes the Work Product Doctrine's "Motivational" Element

by McGuireWoods LLP on

Many lawyers mistakenly focus only on the first two of three work product elements: (1) whether their clients faced "litigation," which can also include adversarial arbitrations, government proceedings, etc.; and (2) whether...more

[Webinar] Murphy’s eDiscovery Law – How to Keep What Could Go Wrong From Going Wrong - December 1st, 12:00pm CT

by CloudNine on

As data complexity, discovery costs, and regulatory challenges increase in volume and impact, the pulse rate of publicly highlighted eDiscovery mistakes continues to build. While these mistakes are unfortunate for those who...more

Delaware Court Of Chancery Ruling Provides Guidance On Attorney-Client Privilege Protection For Draft Stockholder Communications

by Shearman & Sterling LLP on

At a recent hearing, Vice Chancellor Joseph R. Slights III of the Delaware Court of Chancery provided guidance on the application of the attorney-client privilege to draft stockholder communications in the context of a...more

How Employers Can Become Experts at Data Breaches: Conducting a “privileged” investigation

by Bryan Cave on

A large portion of the data breaches that occur each year involve human resource related information. Bryan Cave has put together a multi-part series to help human resource managers understand, prepare for, and react to, a...more

Commercial Division Considers Default Clawback Provisions for Confidentiality Stipulations

The advent of large electronic productions has propelled a proposal to adopt new language in the standard confidentiality order used in the Commercial Division. This proposal is designed to protect parties against...more

Choice of Laws Analyses Can Be Dispositive

by McGuireWoods LLP on

Although most jurisdictions agree on many basic privilege issues, some important variations remain. The most important involves a few states' rejection of the majority Upjohn v. United States, 449 U.S. 383 (1981) rule...more

10 Steps to Navigate the Labyrinth of E-Discovery for Small to Mid-Size Firms

by Pessin Katz Law, P.A. on

The practice of exchanging discovery in federal litigation has ballooned to its own cottage industry within the practice of law. Many law firms tout expertise in the practice “Electronic Discovery Law.” Heady conferences...more

An Inside Job: Highlights From November’s ACC Presentation

by Miles & Stockbridge P.C. on

On November 8, 2017, Suzzanne W. Decker, a Principal in the Miles & Stockbridge Labor, Employment, Benefits & Immigration practice group, and Sandra McLelland, Managing Counsel at Under Armour, presented a webinar to members...more

2017 Year-End Estate Planning Advisory

by Katten Muchin Rosenman LLP on

The fourth quarter of 2017 concludes a unique year in the planning arena. With the new administration and a Republican-led Congress in power, both taxpayers and tax professionals have kept a close eye on the potential for tax...more

Protecting the Privacy of Privileged Internal Investigations

by Pepper Hamilton LLP on

Internal investigations by outside counsel are an essential tool for corporations to ensure they are compliant with governing regulations and statutes, particularly when they are faced with allegations of potential...more

Internal Investigations: Protecting the Attorney- Client Privilege

by Michael Volkov on

I like to repeat myself – attorneys are valuable for only two reasons: (1) attorney-client privilege; and (2) advice of counsel defense. I know I am not supposed to denigrate my profession but these are two important reasons,...more

Florida Has a New eDiscovery Checklist: eDiscovery Best Practices

by CloudNine on

One of the best things about speaking at The Master’s Conference is that you get to see other great sessions and presentations as well. During the Orlando event earlier this week, one of the sessions was presented by Ralph...more

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