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Common-Interest Privilege Discovery

EDRM - Electronic Discovery Reference Model

June’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published June 18, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

Epiq

Elevating Legal Workflows with AI-Driven Text Summarization

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Is there anything that AI cannot do? That seems to be the question on the minds of many. This technology is transforming the world in more ways than people even realize. From predicting what items someone may be interested in...more

Carlton Fields

District of Illinois Directs Insurer to Supplement Record to Support Privilege Based on “Common Interest Doctrine”

Carlton Fields on

In Ansur America Insurance Co. v. Borland, the U.S. District Court for the Southern District of Illinois addressed a discovery dispute involving claims brought by Ansur America Insurance Co. against the law firm Ansur...more

Farrell Fritz, P.C.

Keep it Secret, Keep it Safe: Commercial Division Protects Corporate Client Communications Under the Common-Interest Doctrine

Farrell Fritz, P.C. on

The attorney-client privilege is an old and well-known evidentiary privilege. It fosters candor between attorney and client, protects confidential information from being revealed to others, and ensures that the attorney can...more

Freiberger Haber LLP

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

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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

Lathrop GPM

Minnesota Supreme Court Recognizes Common-Interest Doctrine

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​​​​​​​On September 28, 2022, the Minnesota Supreme Court formally recognized the common-interest doctrine for privileged communications, confirming what many attorneys in Minnesota had already believed to apply in the state....more

Morris James LLP

Chancery Applies Privilege Rules in Business Negotiations Context

Morris James LLP on

Twin Willows, LLC v. Pritzkur, C.A. No. 2020-0199-PWG (Del. Ch. Feb. 28, 2022) - This decision involved a Master in Chancery applying well-settled rules on the attorney-client privilege, common interest, and work product...more

Ward and Smith, P.A.

Teamwork Can Sometimes Make the Dream Work: How to Properly Maintain the Protections of Common Interest Doctrine in North Carolina

Ward and Smith, P.A. on

Parties to a lawsuit often find themselves on the "same side of the courtroom" as other entities or individuals. In these instances, where a party is one of multiple (or many) co-plaintiffs or co-defendants, it is often...more

Weintraub Tobin

District Court Finds Communications And Documents Concerning Defendant’s Post-Filing Acquisition Are Not Protected By The Common...

Weintraub Tobin on

In 10x Genomics, Inc. v. Celsee, Inc., 1-19-cv-00862 (DDE 2020-12-04, Order) (Colm F. Connolly), the District Court ordered the defendant to produce documents and give testimony about communications between defendant and its...more

Butler Snow LLP

When Sharing is Caring: The Federal “Common Interest Privilege”

Butler Snow LLP on

The attorney-client privilege protects communications for the purpose of obtaining legal advice between attorney and client. It applies not only to communications with outside counsel but also with in-house attorneys who are...more

Morris James LLP

Delaware Superior Court CCLD Addresses Claim of Common Interest Privilege over Merger Agreement Parties’ Post-Signing, Pre-Closing...

Morris James LLP on

The American Bottling Co. v. Repole, C.A. No. N19C-03-048 AML CCLD (Del. Super. May 12, 2020) - Delaware courts will apply the common interest doctrine when two parties, represented by counsel, exchange privileged...more

Pillsbury Winthrop Shaw Pittman LLP

PetSmart Tells PE Firms to GetSmart on Privilege

How PE firms can minimize attorney-client privilege risks after Argos Holdings Inc. and PetSmart Inc. v. Wilmington Trust N.A. PE firms face a variety of litigation and deal-related attorney-client privilege challenges...more

White and Williams LLP

Sharing Privileged Communications: What Insurers and Reinsurers Need to Know

White and Williams LLP on

To balance the relative information inequality between an insurance company and its reinsurers, insurance companies often provide claim-related documents to their reinsurers. When some of those claim-related documents are...more

Troutman Pepper

Are You Sure Those Conversations Are Covered by the Common Interest Privilege? Check the Record

Troutman Pepper on

Imagine you are representing an individual who has been subpoenaed for testimony as part of the government’s investigation of her employer. ...more

Mintz

Delaware District Court Finds No Work-Product or Common Legal Interest Protection for Certain Pre-Suit and Pre-Agreement Documents...

Mintz on

Recently, the District of Delaware held that a there was no work-product protection, and no common legal interest protection covering communications and documents shared between a patent owner and a third-party litigation...more

Foley & Lardner LLP

Illinois Appellate Court Recognizes Common Interest Exception to Waiver of Privilege Rule

Foley & Lardner LLP on

On December 7, 2017, an Illinois appellate court held that co-defendants in a case who agree to share information pursuant to their common interest in defeating their litigation opponent do not waive either the...more

K&L Gates LLP

Maximizing Efficiency, Minimizing Risk: Understanding the Common Interest Doctrine

K&L Gates LLP on

The common interest doctrine provides that, if two or more separately represented entities with a common legal, factual, or strategic interest exchange information with each other and their respective lawyers, a communication...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

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Allied v. OSMI, the Circuit affirms dismissal of a declaratory judgment action even though Allied’s Mexican distributors had been sued in Mexico on a corresponding Mexican patent. In a first Waymo v. Uber case, the panel...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

Ward and Smith, P.A.

2016 Guidance from the North Carolina Court of Appeals on Attorney-Client Privilege Issues

Ward and Smith, P.A. on

In civil litigation, parties frequently communicate with consultants, tax advisors, friends, family, and others concerning the subject matter of the litigation, and such communications raise issues regarding the possible...more

Poyner Spruill LLP

The Common Interest Doctrine: Lessons on avoiding an inadvertent waiver of the attorney-client privilege

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Most lawyers are familiar with the general rule that a client waives the attorney-client privilege by disclosing the privileged information to third parties. The common interest doctrine, however, provides an exception to...more

Hinshaw & Culbertson LLP

New York and North Carolina Take a Narrow Approach to Common Interest Doctrine

Brief Summary - The "common interest doctrine" generally protects attorney-client communications, even if such communications are disclosed to a third party, as long as the third party shares a common legal interest with...more

Proskauer - Minding Your Business

New York’s Highest Court Refuses to Expand the Common Interest Doctrine to Merging Parties

On June 9, 2016, the New York Court of Appeals issued a stark reminder to transactional lawyers: no matter how much “common interest” two parties may have with respect to a transaction, the common interest doctrine may not...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

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