What's the Tea in L&E? Can You Share An Employee's Medical Info?
The Court reaffirms that confidentiality in the attorney-client relationship is not limited to judicial proceedings alone. In a decision dated October 8, 2025 (No. 24-16.995), the Commercial Chamber of the French Supreme...more
BEST PRACTICES FOR USING AI NOTETAKERS IN SENSITIVE MEETINGS - AI notetakers are rapidly becoming staples of corporate meetings—bringing efficiency alongside new questions about confidentiality and compliance. This tip...more
A corporate client’s bankruptcy can put its decision-making power over privilege assertion and waiver into the hands of a trustee, receiver or other legal successor. But what if a corporate client goes totally defunct?...more
Not on these facts. Lively v. Wayfarer Studios LLC, 2025 WL 2606904 (S.D.N.Y. Sep. 9, 2025). This decision is the latest in a long string of discovery decisions in the sexual harassment lawsuit of Ms. Blake Lively against a...more
Our employment law update for August covers a case about the iniquity exception to legal privilege, a whistleblowing case involving a long-delayed judgment and third party reports, and a case on whether discriminatory actions...more
The rapid evolution of digital technologies has ushered in a new era for the legal profession—one characterized by both unprecedented promise and intricate new hazards. As practitioners and clients alike become more reliant...more
Attorney-client privilege is one of the most important protections in the legal system. Its powerful legal protection allows clients to speak freely and candidly with their attorneys without fear that their communications...more
When a client seeks legal advice from a lawyer, the confidential communications between them, which are made for the sole or dominant purpose of seeking and receiving legal advice, are protected by legal professional...more
When a corporate crisis hits, attorneys often bring in investigators and PR consultants to uncover facts and manage reputational risk. But without the right structure, those critical communications may not be protected by...more
A new lawsuit just filed against an AI software provider offers a clear warning for any business using artificial intelligence to monitor or record customer service calls. On June 13, a California plaintiff filed a federal...more
Lawyers and non-lawyers frequently train their corporate colleagues. Determining any applicable attorney-client privilege or work product protections can implicate a number of variables....more
Expert witnesses can be critical to defending a tax position—but what happens when an expert must maintain confidentiality over information that is important to their analysis? Preserving this confidentiality while ensuring a...more
Introduction - In a recent judgment in Case No. 486 of 2024 (issued on 22 October 2024), the Dubai Court of Cassation (Court of Cassation) upheld the decision of the Dubai Court of Appeal (Court of Appeal) (issued on 3 April...more
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
Several courts have adopted a nonsensical principle that, as one court put it, “[w]hen documents are prepared for dissemination to third parties, neither the document itself, nor preliminary drafts, are entitled to immunity.”...more
Under universally accepted law, across every jurisdiction, lawyers owe vital and concrete duties to their clients. The duty of confidentiality. The duty of loyalty. The duty to disclose. And, greatest of all, the duty to...more
Although lawyers understandably focus mostly on the privilege that they enjoy when communicating with their clients, other professionals (psychiatrists, clergy) also have privilege protection of one degree or another. Does...more
Last week’s Privilege Point noted the Southern District of New York’s privilege expert’s opinion confirming the modern view that an extrajudicial disclosure of a privileged communication normally does not trigger a subject...more
All lawyers worry that waiving privilege protection for some communications might trigger a damaging subject matter waiver requiring disclosure of related communications. Such a subject matter waiver risk normally does not...more
Important lessons for Hong Kong organisations managing cyber accidents may be learned from the noteworthy ruling in a recent Australia case, Singtel Optus Pty Ltd v. Robertson [2024]. For background, from 17-20 September...more
The landscape of construction litigation has undergone a seismic shift in recent years. Gone are the days of crowded hotel conference rooms for mediations and face-to-face depositions. Today, construction litigators find...more
What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this short video, Woods Rogers L&E attorneys Leah Stiegler and Emily Kendall Chowhan discuss when and how it is...more
In contrast to the somewhat abstract doctrine-driven attorney-client privilege, courts have described the work product doctrine as “intensely practical.” Their treatment of defendants’ surveillance videotape of personal...more
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
Many if not most clients and even some ill-informed lawyers think they can “make” something privileged through some logistical step — such as marking it as “privileged,” copying a lawyer, inviting a lawyer to a meeting, etc....more