News & Analysis as of

Attorney-Client Privilege Legal Advice

McGuireWoods LLP

Can the Privilege Protect Communications With a Lawyer Not Licensed in That State?

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Under every state’s ethics rules, lawyers not licensed there may temporarily provide legal advice under certain conditions, but normally may not establish a “systematic and continuous” presence there without violating...more

Pullman & Comley - Labor, Employment and...

Your Attorney Cannot Always Shield You From the FOIA

Clients sometimes include me on communications merely to protect themselves from Connecticut’s Freedom of Information Act (FOIA), believing that anything sent to me is automatically covered by the attorney-client privilege. ...more

Array

This Week in eDiscovery: EDRM Guidelines for GDPR Compliance, What Information is Enough for a Privilege Log, and More

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of April 1-7. Here’s what’s...more

Vinson & Elkins LLP

Review of Attorney-Client Privilege, Work Product Doctrine, and the Crime-Fraud Exception

Vinson & Elkins LLP on

A recent privilege dispute in E.D.N.Y. case La Liberte v. Reid provides a prime opportunity to review the law and practical aspects surrounding attorney-client privilege, work product protection, and the crime-fraud exception...more

Rivkin Radler LLP

Wendy and Jen Wreck the Movies: ‘Willy Wonka’ (1971) or You Got Your Kid in My Chocolate

Rivkin Radler LLP on

What Happened- Come on, you know what happened, right? For those denied the joy of Roald Dahl and his take on bad parents, here is an overview. Willy Wonka, the owner of Wonka’s Chocolates, is a unique and secretive...more

Greenbaum, Rowe, Smith & Davis LLP

Appellate Division Reaffirms Well-Settled Precedent in Refusing to Assume Attorney-Client Privilege for Individual Shareholders in...

Generally speaking, attorney-client privilege protects against the disclosure of confidential communications between a client and a lawyer that are related to the provision of legal advice or assistance. A recent New Jersey...more

McGuireWoods LLP

The Crypto King’s and Others’ Reliance on Legal Advice: Part III

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The last two Privilege Points have addressed the implied waiver implications of litigants (defendant in the Crypto King’s trial and plaintiff in the case described last week) relying on legal advice to defend against or...more

McGuireWoods LLP

The Crypto King’s and Others’ Reliance on Legal Advice: Part II

McGuireWoods LLP on

Last week’s Privilege Point described an “advice of counsel” issue that arose in Bankman-Fried’s recent criminal trial. The day after S.D.N.Y. Judge Kaplan’s ruling in that case, another court dealt with this issue....more

Jackson Lewis P.C.

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

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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

Kennedys

Key differences in the legal privileges in the US and England

Kennedys on

The US concepts of the attorney-client privilege and the work-product doctrine are rooted in England’s and Wales’s legal advice and litigation privileges. The primary purpose of the attorney-client privilege and the legal...more

Freiberger Haber LLP

The Attorney-Client Privilege: Common Interest Doctrine and Communications By Corporate Representatives Which Convey Legal Advice

Freiberger Haber LLP on

On numerous occasions, this Blog has examined the attorney-client privilege and the attorney work product doctrine.1 Today, we take another opportunity to explore the contours of these privileges....more

Sheppard Mullin Richter & Hampton LLP

Navigating Dual Purpose Communications After SCOTUS (Almost) Weighs in on Attorney-Client Privilege: 5 Practical Tips for...

Inside and outside healthcare counsel should know that the way they guide clients through legal and business issues may need to change based on a recent Ninth Circuit case governing the protections afforded to attorney-client...more

Fox Rothschild LLP

Navigating Attorney-Client Privilege in Mixed-Purpose Communications

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A recent U.S. Supreme Court case, In re Grand Jury, captured the attention of lawyers nationwide who hoped it would provide guidance on the application of attorney-client privilege to “mixed-purpose” communications between...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Leaves Open the Extent of Privilege Protection for Attorney-Client Communications with Dual Legal and Business...

Every day in corporate America, in-house and outside legal counsel attend meetings and correspond by email with their clients about both legal and business matters. Often it difficult to separate the legal and non-legal parts...more

Felicello Law PC

Check Your Privilege: Is the Scope of the Attorney-Client Privilege Narrowing?

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The “attorney-client privilege” may be the most well-known and misunderstood legal principles. Both attorneys and clients often make broad assumptions about its scope and application. When these assumptions turn out to be...more

Jackson Walker

Docket Check Update: US Supreme Court Declines to Decide Whether Attorney-Client Privilege Protects Dual-Purpose Communications

Jackson Walker on

The U.S. Supreme Court decided on January 23, 2023, in a per curiam slip opinion that it would not consider whether communications including both legal and non-legal advice are protected by attorney-client privilege. The...more

Morgan Lewis

US Supreme Court to Consider Scope of Attorney-Client Privilege in Dual-Purpose Communications

Morgan Lewis on

The US Supreme Court heard oral arguments on January 9, 2023, regarding how federal courts should determine when the attorney-client privilege applies to dual-purpose communications. The central question in the case before...more

Holland & Hart LLP

Fortify attorney-client privilege over dual-purpose communications before Supreme Court decides In Re Grand Jury

Holland & Hart LLP on

...A communication must be made for the purpose of legal advice to be protected from disclosure by the attorney-client privilege. If legal advice is not the purpose of the communication, the attorney-client privilege does not...more

Zuckerman Spaeder LLP

In re Grand Jury: Supreme Court Considers the Scope of Attorney-Client Privilege for “Dual-Purpose Communications”

Zuckerman Spaeder LLP on

The firm petitioned the Supreme Court for review, asserting a three-way split between the Ninth Circuit (which it described as applying a primary purpose standard), the D.C. Circuit (described as applying its preferred...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

U.S. Supreme Court To Address Attorney-Client Privilege In Tax Case

Takeaway: The Supreme Court is expected to clarify the question of whether attorney-client privilege applies in “dual-purpose” communications in situations where law firms provide clients with both legal and non-legal advice....more

Jackson Lewis P.C.

To Be (Discoverable), or Not to Be: Notetaking During an Attorney’s Internal Investigation

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Introduction- Picture this: you are on-site at a new client’s headquarters for a weeklong hostile work environment investigation into several internal complaints made against the CEO and CFO. This is the first engagement...more

Proskauer - Minding Your Business

The Sound of “Silent Attorneys”: DOJ Alleges Google Fakes Attorney-Client Privilege by CCing Lawyers Who Never Respond

If a request for legal advice goes unanswered, is it really a request for legal advice? According to the U.S. Department of Justice and several state attorneys general (“DOJ Plaintiffs”) in an antitrust action against...more

Morrison & Foerster LLP

The Privilege Is Ours…And Theirs; English High Court Clarifies Rules On Legal Advice Privilege For Foreign Lawyers

A recent English High Court decision has provided clarity on the scope of legal advice privilege as it relates to foreign lawyers. Background- The English High Court’s decision in PJSC Tatneft v Bogolyubov and others [2020]...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

Dorsey & Whitney LLP

UK High Court Considers What Amounts to a Waiver of Privilege in Recent Case

Dorsey & Whitney LLP on

On 1 June 2020, the High Court found that, by using references to their lawyers’ legal advice in support of its case that the transactions that formed the subject matter of the application were lawful, a bank had waived...more

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