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Attorney-Client Privilege Work-Product Doctrine Common-Interest Privilege

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

McGuireWoods LLP

Some Courts Understand Work Product Waiver, and Some Don’t

McGuireWoods LLP on

Unlike the very fragile attorney-client privilege (which can be waived even by disclosure to family members), the more robust work product doctrine protection survives disclosure to friendly third parties....more

WilmerHale

Protecting Common-Interest Privilege and Work-Product Protections: Guidance from Recent Decisions

WilmerHale on

Two recent decisions from Judge Laurie Selber Silverstein of the United States Bankruptcy Court for the District of Delaware address common-interest and attorney work-product protection issues that arose in the bankruptcy...more

McGuireWoods LLP

Do Indemnitees And Indemnitors Always Share A Common Interest?

McGuireWoods LLP on

Last week's Privilege Point described a court's somewhat surprisingly narrow view of when counterparties reasonably anticipate litigation. Lawson v. Spirit AeroSystems, Inc., Case No. 18-1100-EFM-ADM, 2019 U.S. Dist. LEXIS...more

McGuireWoods LLP

Courts Assess The Common Interest Doctrine's Applicability To Work Product: Part II

McGuireWoods LLP on

In Washington Coalition for Open Government v. Pierce County, No. 50718-8-II, 2019 Wash. App. LEXIS 392 (Wash. Ct. App. Feb. 20, 2019), the court properly rejected plaintiffs' attempt to apply the common interest doctrine to...more

Genova Burns LLC

Federal Circuit Paves Way for Additional Discovery in Autonomous Car Case

Genova Burns LLC on

The Federal Circuit reinforced limits on its own jurisdiction by rejecting an appeal brought by intervenor Anthony Levandowski in the much-publicized case Waymo LLC v. Uber Technologies, Inc., et al., No. 17-cv-00939-WHA...more

Brooks Pierce

Joint Defense Agreements Are Not Protected By The Attorney-Client Privilege

Brooks Pierce on

Why would any lawyer think that his Joint Defense Agreement, entered into with a co-defendant, was protected from production by the attorney-client privilege? Well, the lawyer for one of the Defendants In AP Atlantic, Inc.,...more

Proskauer - Whistleblower Defense

Whistleblower’s Attorney’s Communications with Regulators Found to be Protected by Work Product Doctrine

A California Magistrate Judge in BofI Federal Bank v. Erhart ruled that a whistleblower’s attorney’s communications sent to federal regulators were protected by the attorney work product doctrine. No. 15-cv-2353 (S.D. Cal....more

Dechert LLP

Litigation Funder Communications Protected by the Attorney-Client Privilege and Work Product Doctrine

Dechert LLP on

Addressing a novel issue in In re: International Oil Trading Company, LLC, 548 B.R. 825 (Bankr. S.D. Fla. 2016), the United States Bankruptcy Court for the Southern District of Florida recently denied in part an involuntary...more

McGuireWoods LLP

Some Courts Misapply the Common Interest Doctrine

McGuireWoods LLP on

The common interest doctrine can allow separately represented clients to share attorney-client privileged communications without waiving that very fragile protection. In contrast to privilege-protected documents, work product...more

Katten Muchin Rosenman LLP

Second Circuit Reaffirms That Attorney-Client Privilege Is Not Waived By Sharing Documents With Parties Pursuant to a Common Legal...

On November 10, 2015, the US Court of Appeals for the Second Circuit issued an opinion reaffirming that the attorney-client privilege and work product protections were not waived by a businessman and his company when they...more

Proskauer - Corporate Defense and Disputes

Second Circuit Upholds Common-Interest Privilege for Borrower’s Sharing of Legal Advice with Consortium of Lenders

The Second Circuit held last week that a borrower did not waive the attorney-client privilege by providing documents to a consortium of lender banks that shared a common legal interest with the borrower in the tax treatment...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

Robinson & Cole LLP

The Common Interest Privilege May Offer More Protection Than You Thought.

Robinson & Cole LLP on

Consider for a moment a situation when an Owner and a General Contractor want to exchange confidential communications relating to a potential legal matter. When the Owner and Contractor are not both parties in a suit, what...more

Carlton Fields

Is It Still Privileged? An Insurer’s Disclosure Of Information To Its Reinsurers And Brokers Waives Privilege … Sometimes.

Carlton Fields on

A federal district court recently held that an insurer waived any claim of attorney-client or work product privilege when it disclosed otherwise potentially privileged information to its reinsurers and to its broker. In doing...more

Cozen O'Connor

Iowa Decision Underscores the Danger of Sharing Privileged Material with Reinsurers

Cozen O'Connor on

Last month, a federal court in Iowa handed down a decision holding that neither work product nor attorney-client nor the common interest doctrine shield legal advice and analysis from production in discovery once it has been...more

King & Spalding

New Jersey Supreme Court Recognizes Broad Common Interest Privilege

King & Spalding on

On July 21, 2014, the New Jersey Supreme Court issued its opinion in O'Boyle v. Borough of Longport, 94 A.3d 299 (N.J. 2014), adopting a broad application of the common interest doctrine for communications covered by both the...more

Carlton Fields

Court Rejects Claims Of Privilege, Work Product, And The Common Interest Doctrine To Reinsurance Information

Carlton Fields on

In a discovery dispute between insurer Progressive and the FDIC, as receiver of the insured bank, a federal district court has rejected all claims of attorney-client privilege and work product protection to reinsurance...more

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