News & Analysis as of

Attorney-Client Privilege Public Relations

Ward and Smith, P.A.

Think Twice — Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release

Ward and Smith, P.A. on

Imagine that your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business torts. The news of the lawsuit has been reported in various...more

Copo Strategies + Law Firm Editorial Service

The five dysfunctions of a litigation communications strategy

There is no doubt that high-stakes litigation is a team sport. Among myriad experts that come to the table for the client, litigation communications professionals are becoming more essential than ever. To help manage the...more

WilmerHale

Access points: how to respond to raids by UK investigating authorities

WilmerHale on

Following recent media reports of raids conducted by the UK National Crime Agency (NCA) - including at domestic residences - as part of a Covid-linked fraud investigation, and visits by the UK Serious Fraud Office (SFO) to...more

Jenner & Block

Privilege Newsletter: Fitting Consultants Within the Attorney-Client Privilege and Work Product Protection – Public Relations...

Jenner & Block on

In our last newsletter, we analyzed the reluctance of courts to apply privilege to the work of forensic computer consultants following data breaches. Here, we address often unavailing efforts to fit communications with...more

Vinson & Elkins LLP

Inside Baseball on Privilege Waiver: the Los Angeles Angels’ Recent Win Over Federal Prosecutors Serves a Welcome Reminder to...

Vinson & Elkins LLP on

In a high-profile dispute between federal prosecutors and the Los Angeles Angels relating to criminal charges filed in the aftermath of a tragic overdose and death of an Angels pitcher, the government went on the offensive...more

McGuireWoods LLP

Having a Big Law Firm Hire a Public Relations Consultant Does Not Assure Privilege or Work Product Protection

McGuireWoods LLP on

Just as some clients think that copying a lawyer cinches privilege protection, even sophisticated clients relying on well-known law firms might erroneously believe that having those law firms hire a public relations...more

Society of Corporate Compliance and Ethics...

[Event] Internal Investigations Compliance Workshop - July 19th - 21st, Lake Buena Vista, FL

Get the training you need to conduct internal investigations - The SCCE Internal Investigations Workshop provides two days of focused training on conducting compliance-related internal investigations. Attendees also have...more

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

Goodwin

Conducting Internal Investigations: In-House Counsel’s Guide

Goodwin on

Whether you are a director, or a member of an in-house legal, human resources, or internal audit team, there are sensitive scenarios that occur daily in companies and charitable organizations across industries that trigger...more

McGuireWoods LLP

Court Applies the General Rule Finding a Privilege Waiver When Clients Disclose Privileged Communications to Public Relations...

McGuireWoods LLP on

One of the most dangerous misperceptions among corporate clients is that disclosing privileged communications to such friendly outsiders as public relations consultants does not waive privilege protection as long as there is...more

Troutman Pepper

Protecting Privilege When Communicating With PR Consultants

Troutman Pepper on

In high-profile cases in 2001 and 2003, federal courts recognized exceptions to the third-party waiver rule for privileged communications shared with public relations (PR) consultants. Since then, courts have repeatedly been...more

Hogan Lovells

2019 crisis leadership in review

Hogan Lovells on

What starts online won't stop there - There aren't many college basketball games that change the share price of a Fortune 100 company. But in February 2019, Duke University freshman star Zion Williamson blew out one of his...more

Patterson Belknap Webb & Tyler LLP

The Perils of Sharing Privileged Communications with Third-Party Vendors

On May 6, 2019, Magistrate Judge Gorenstein issued an order that should be a wake-up call for attorneys contemplating hiring and sharing privileged communications with an outside public relations firm. This decision also has...more

Weintraub Tobin

No Privilege Extended to Communications With Public Relations Consultant

Weintraub Tobin on

Social media has become part of our daily lives. Information is routinely disseminated in the public sphere via Facebook, Twitter, Instagram and other social media outlets. It is therefore no surprise that we often see high...more

WilmerHale

Keeping PR Strategy Communications Privileged: Part 2

WilmerHale on

Part 1 of this article provided a state-of-the-law overview for when companies, facing high-profile legal challenges, hire public relations firms to work with the company’s lawyers on messaging. This overview noted that...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

Farrell Fritz, P.C.

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

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

Weintraub Tobin

No Privilege Extended To Communications With PR Consultant, But Court Provides Roadmap To Possible Application

Weintraub Tobin on

It is not uncommon in this day of social media influence for an attorney to seek out the assistance of a public relations consultant to play a role in connection with a high profile lawsuit. Such media experts can help assess...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

Payne & Fears

California Court of Appeal Clarifies the Limits of the Attorney-Client Privilege for Communications with an Attorney and a Third...

Payne & Fears on

A recent decision by the California Court of Appeal in Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017), is a reminder that a party’s communications with an attorney and a third party consultant must be reasonably...more

Hinshaw & Culbertson LLP

Communications Between Public Relations Firm and Counsel Held Not Privileged

Behunin v Superior Court, __ Cal. Rptr. 3d ___ 2017 WL 977095 (March 16, 2017) - Brief Summary - The Second District of the California Court of Appeal ruled that communications between counsel and a public relations...more

Haight Brown & Bonesteel LLP

Communications between Counsel and PR Firm Hired by Counsel Held Discoverable

Counsel handling cases involving newsworthy facts and litigation often hire public relations (“PR”) consultants. In Nicholas Behunin v. The Superior Court of Los Angeles County, 2017 DJDAR 2405 (No. B272225 March 14, 2017)...more

Bradley Arant Boult Cummings LLP

Legal Advice Or PR Plan? A Pertinent Privilege Conundrum

The ever-expanding scope of what constitutes the “press” creates new issues for companies and their counsel dealing with disputes that either are in or will develop into litigation. Routine corporate disputes that received no...more

Bond Schoeneck & King PLLC

Privilege Issues in the Media Firestorm

The situation has become all too familiar: an incident of prurient interest — whether actual or falsely alleged — goes viral on social media before university officials can even ascertain the names of the parties involved. ...more

Patterson Belknap Webb & Tyler LLP

The Privilege of PR: Application of the Attorney-Client Privilege to Crisis Communications and Public Relations in Breach Response...

Cyber-attacks have become a matter of everyday reality for all businesses: regardless of industry or size, it is no longer if a data breach will happen, but when. And waiting for a breach to occur before designing and...more

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