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Client Communication Privileged Communication

Allen Matkins

The Attorney-Client Privilege In M&A Transactions - A Decade Later

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In 2013, then Chancellor Leo Strine determined that under Section 259 of the Delaware General Corporation Law the attorney-client privilege held by the target company follows to the surviving company after a merger.   Great...more

McGuireWoods LLP

Educate Your Clients About Two Basic Privilege Misperceptions

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Attorney-client privilege protection depends on a communication’s content — which must be primarily motivated by the client’s request for legal advice....more

Smith Anderson

N.C. Business Court Strengthens a Company’s Ability to Assert the Attorney-Client Privilege in Disputes with Officers and...

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With its origins in the 16th century, the attorney-client privilege is one of the oldest doctrines in our common law tradition. Even so, new issues do arise, like in the North Carolina Business Court case Hosie v. 8 Rivers...more

McGuireWoods LLP

Two Courts Address the Two Greatest Risks to Internal Corporate Communications’ Privilege Protection: Part I

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Lawyers representing corporations all recognize the privilege waiver risk of disclosure to outsiders. But there are two huge risks to privilege protection even for internal corporate communications. Pointing to the “primary...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

McGuireWoods LLP

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

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Defendants seeking to avoid liability by relying on a lawyer’s advice trigger a classic “implied waiver.” Although asserting that defense does not itself disclose any privileged communications (as with an intentional or...more

Kennedys

Key differences in the legal privileges in the US and England

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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

McGuireWoods LLP

Client Consultants' Role Can Change Over Time, With Differing Waiver Implications

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Some lawyers erroneously assume that the fragile attorney-client privilege protection normally survives disclosure (by them or by their clients) to the client’s consultant/agent. That can be true in very limited...more

Epstein Becker & Green

Dual Purpose Communication – Why It Is Important for In-House Counsel, Litigators, and All Attorneys to Understand

On January 9, 2023, the Supreme Court held oral arguments on a significant issue regarding the application of the attorney-client privilege in a case called In re Grand Jury, Docket No. 21-1397, 598 U.S. ___ (2023). In re...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

A&O Shearman

The United States Supreme Court Decides Not To Rule On Case Considering Test For Application Of Attorney-Client Privilege To...

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On January 23, 2023, the United States Supreme Court dismissed the writ of certiorari as improvidently granted in a case that asked the Court to consider how to determine the application of attorney-client privilege to...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

Locke Lord LLP

In Re Grand Jury: U.S. Supreme Court ‎Punts on How to Apply Attorney-Client Privilege to ‎Dual-‎Purpose Communications

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On January 23, 2023, the U.S. Supreme Court dismissed In re Grand Jury, which had asked it to expand the scope of attorney-client privilege protection for dual-purpose communications, i.e., communications (particularly those...more

A&O Shearman

Supreme Court Considers Test For Application Of Attorney-Client Privilege To So-Called “Dual-Purpose” Communications

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On January 9, 2023, the United States Supreme Court heard oral argument in In re Grand Jury, No. 21-1397, a case with potentially far-reaching implications concerning the application of the attorney-client privilege to...more

Fisher Phillips

SCOTUS Predictions: Will the Supreme Court Shred Attorney-Client Privilege Claims – Including for Inside Counsel?

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The Supreme Court just heard arguments in a case that could transform the way in-house and outside attorneys communicate with their clients every single day. The issue before SCOTUS in the case of In re Grand Jury is whether...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court to Assess Attorney-Client Privilege When Legal and Business Advice Intertwine

The attorney-client privilege protects confidential communications between clients and their attorneys made for the purpose of obtaining or providing legal advice. In Upjohn Co. v. United States, a seminal 1981 decision...more

Gray Reed

Protecting Client Information When Using Accountants in Legal Matters

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It is well-established that attorneys and their clients are entitled to private and protected communications.  But what level of protections are available when an accountant is used in an engagement to provide an area of...more

Butler Snow LLP

What Lawyers Need to Know About Cybersecurity | Dennis Van Metre | Texas Appellate Law Podcast

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As technology becomes more sophisticated, so too do the security issues its users encounter. These challenges impact attorneys and law firms particularly, as they regularly deal with confidential data and privileged...more

Vinson & Elkins LLP

An Important Reminder Regarding the Scope of the Attorney-Client Privilege in the Corporate Setting

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Earlier this year, a federal judge in the Northern District of California ordered Elizabeth Holmes (“Holmes”), the founder and former CEO of now-defunct Theranos, Inc. (“Theranos”), to disclose communications between herself...more

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