News & Analysis as of

Client Communication › Privileged Communication › Confidential Communications

McGuireWoods LLP

Non-Lawyer Corporate Employees Can Claim Privilege Protection for Investigation-Related Communications

McGuireWoods LLP on

Outside and in-house lawyers may of course normally claim privilege protection for their investigation-related communications, as long as they were primarily motivated by the need for legal advice. Depending on the...more

Allen Matkins

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

Allen Matkins on

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

McGuireWoods LLP on

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...

Smith Anderson on

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

McGuireWoods LLP on

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

McGuireWoods LLP

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

McGuireWoods LLP on

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

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

McGuireWoods LLP

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

McGuireWoods LLP on

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

Felicello Law PC

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

Felicello Law PC on

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

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

A&O Shearman on

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

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

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

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

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

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide