News & Analysis as of

Confidential Communications

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

by Bryan Cave on

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

Courts Look for Lawyers' Responses to Clients' Requests for Legal Advice

by McGuireWoods LLP on

The privilege can protect clients' requests for legal advice, and lawyers' responses. But employees simply cc'ing a lawyer on an email to another employee cannot guarantee privilege protection – because the email might be...more

Does the Attorney-Client Privilege Protect a Lawyer's Retention Date?

by McGuireWoods LLP on

Content is king in the privilege world, in contrast to the work product protection – which largely depends on context. For this reason, the privilege rarely if ever protects the facts and circumstances of (1) the...more

European Court Restricts Employer Access to Employee’s Private Communications

by Orrick - Trust Anchor on

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more

Circuit Denies Protection to Hallway Conversation Between Co-Defendants, Highlighting Limits of JDAs

A Joint-Defense Agreement (JDA) can be an extremely valuable tool in coordinating defenses against pending or impending prosecution, as it formalizes the creation of a zone of privilege in which co-defendants and their...more

No Privilege Extended To Communications With PR Consultant, But Court Provides Roadmap To Possible Application

by Weintraub Tobin on

It is not uncommon in this day of social media influence for an attorney to seek out the assistance of a public relations consultant to play a role in connection with a high profile lawsuit. Such media experts can help assess...more

Avoiding Legal Malpractice Claims Arising From Mediation

by Reminger Co., LPA on

In today’s legal landscape, the settlement of litigation is often reached outside of the courtroom, as parties resort to mediation either by their own volition or due to court mandate. To encourage the use of mediation,...more

The Common Interest Doctrine: Maintaining Confidentiality

While confidentiality is usually destroyed when communications between an attorney and client take place in the presence of a third party or when work product is shared with others, those communications can remain protected...more

Purpose, privilege and duty – surviving the break down

by Dentons on

The recent decision of Sharpe v Grobbel [2017] NSWSC 1065 acts as a reminder for lawyers about their duty to claim privilege for clients even if they are no longer acting. It highlights the point in time in which common...more

2 Essentials For Dealing With Employees Attempting To Game the System

by Fisher Phillips on

Today’s workplace is fraught with legal traps for well-intentioned but unwary managers. But one issue stands out far above the rest as perhaps the single biggest employee challenge in today’s workplace: malingering employees...more

Fundamentals of Document and ESI Discovery

by Knobbe Martens on

Preserving Evidence: •“The duty to preserve evidence begins when litigation is ‘pending or reasonably foreseeable.’” Micron Tech., Inc. v. Rambus, Inc., 645 F.3d 1311, 1320 (Fed. Cir. 2011) •“It is, of course, not...more

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