News & Analysis as of

Confidential Communications

Banking Regulators' Examination Authority Does Not Override Attorney-Client Privilege

by WilmerHale on

Notwithstanding the venerable status of the attorney client privilege and the important purposes it serves, the federal banking regulators and the Consumer Financial Protection Bureau have taken the position that they have...more

Pennsylvania Federal Court Explores the Contours of the DTSA

by Polsinelli on

Recently, the U.S. District Court for the Eastern District of Pennsylvania determined a former employee did not violate the Defend Trade Secrets Act (“DTSA”) where she disclosed confidential information of her former employer...more

Work Product and Attorney-Client Privilege Concerning Documents Drafted Prior To Litigation: Eastern District Of New York Finds...

Insurers retain outside counsel during claim investigations for a variety of reasons, including, among others, providing coverage advice, assisting in reviewing and responding to communications with insureds that have legal...more

Gordon Woodward Comments on Instructive Court Opinion Regarding Communication with In-House Counsel

In SodexoMAGIC, LLC v. Drexel University, Civil Action No. 16-5144 (ED Pa. 2018), Judge Baylson addressed the issue of attorney-client privilege and communications between company employees and their in-house counsel. This is...more

Courts Wrestle with Privilege Protection for Client Consultants: Part I

by McGuireWoods LLP on

The attorney-client privilege protects confidential communications between clients and their lawyers. Corporate client consultants may also deserve this protection if they act as the "functional equivalent" of corporate...more

Best in Law: Tips to Keep Client-Attorney Communications Confidential

by Best Best & Krieger LLP on

Most people have heard of the “attorney-client privileged communication” and may even have a fair idea of what that means. But a lack of understanding about how it works can lead to errors that can render the communication no...more

Key California Employment Law Cases: February 2018

by Payne & Fears on

Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)- Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more

What Patent Attorneys, Patent Agents and Law Firms Need to Know about Communications with Clients

by Womble Bond Dickinson on

Originally published in IP Watchdog on February 22, 2018. Patent agents in the United States are authorized to practice in patent prosecution matters before the United States Patent and Trademark Office (“USPTO”). Such...more

Texas High Court Rules That Patent Agent-Inventor Communications Are Covered By The Attorney-Client Privilege

by Husch Blackwell LLP on

On February 23, 2018, in In re Silver, the Supreme Court of Texas conditionally granted mandamus relief and vacated the trial court’s order compelling production of emails between an inventor and his non-lawyer registered...more

The Privacy Perils of Employees’ Personal Phone Calls

California court: Employers unwise to permit use of company telephones for personal calls — at least if the employer plans to record those calls. Two-party consent means two-party consent: All parties to a call must be...more

Investigators Beware: NLRB Case Reminds Employers Not To Require Confidentiality

by Shipman & Goodwin LLP on

The headlines seem to be filled with stories of workplace harassment. Employers are feeling pressure to respond quickly and appropriately to complaints of harassment. How that is done is important as the investigation can...more

INTERPOL’s CCF application for Red Notice removal and confidentiality – part two of two

by Estlund Law, P.A. on

In the last post, we began a discussion on the issue of confidentiality in requests for Red Notice removals to the CCF. When a Red Notice subject requests removal of a Red Notice, he is obliged to explain to the CCF why he...more

INTERPOL’s CCF application for Red Notice removal and confidentiality – part one of two

by Estlund Law, P.A. on

Why would a Red Notice subject want a request for removal of that notice to remain confidential? If you were a wanted person who was innocent, wouldn’t you want to shout it from the rooftops, for everyone to hear? The answers...more

Data Privacy + Cybersecurity Insider - January 2018 #3

by Robinson & Cole LLP on

Think Tank Says Nuclear Missiles Can be Inadvertently Launched Through Cyber-Attacks - Just before the false alarm in Hawaii last weekend when residents were erroneously warned of an impending missile attack, think tank...more

Employment News - January 2018 #2

by Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Don't break it – rest periods have to be uninterrupted... - Is that relevant? Disclosure of documents between employee and union...more

Investigating Claims of Harassment: A Step-by-Step “How To” – Part 1: The Complaint

What if you were the Human Resources representative that received a complaint that Harvey Weinstein, Matt Lauer, Charlie Rose, or any of the other number of accused sexually harassed an employee? What if you were the in-house...more

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

by 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

How Do Courts Decide If Employees CC'ing a Lawyer are Implicitly Seeking Legal Advice?

by McGuireWoods LLP on

Electronic communications exacerbate judges' already difficult task of determining if employees copying lawyers on their communications with fellow employees are implicitly seeking legal advice – and thus deserve privilege...more

Maximizing Efficiency, Minimizing Risk: Understanding the Common Interest Doctrine

by 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

Is it a Privilege to Speak With a PR Consultant? Maybe Not for Kesha!

by Farrell Fritz, P.C. on

So you were just retained on what could become a high-profile case. The stakes are high, and it’s unclear how this will play in the media. The issue may arise based on the parties to the case, the nature of the claims, or...more

UK Court of Appeal Grants ENRC Permission to Appeal Widely Criticised Privilege Ruling - and Law Society Seeks to Intervene

by Shearman & Sterling LLP on

On October 11, 2017, Eurasian Natural Resources Corporation was granted permission by the Court of Appeal to appeal the High Court's ruling articulating a significant restriction on the scope of legal professional privilege...more

Not So Fast: Limits of "Settlement Negotiation" Protections

by Ward and Smith, P.A. on

Think Twice Before Assuming Your "Settlement Negotiations" May Not Be Used Against You - Most people who are involved in resolving disputes or negotiating deals for their businesses have seen documents labeled...more

“Pink Slime” Lawsuit Spins Off into Insurance Dispute

by Akin Gump - Excubitor on

Earlier this year, ABC News, through its parent company, reached a midtrial settlement with Beef Products Inc. in the now infamous “pink slime” lawsuit. Under South Dakota food libel statutes, damages in the case could have...more

Courts Continue to Catalogue Client Consultants Outside Privilege Protection

by McGuireWoods LLP on

Clients' agents/consultants are nearly always outside privilege protection. This generally means that their documents do not deserve privilege protection; their presence during otherwise privileged communications aborts that...more

California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

by Snell & Wilmer on

California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission...more

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