News & Analysis as of

Confidential Communications Legal Advice Privilege

McGuireWoods LLP

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

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The last two Privilege Points have addressed the implied waiver implications of litigants (defendant in the Crypto King’s trial and plaintiff in the case described last week) relying on legal advice to defend against 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

Latham & Watkins LLP

CJEU Expands Scope of Legal Professional Privilege to Any Legal Advice

Latham & Watkins LLP on

According to a new judgment LPP protects private communication between clients and lawyers, limiting requests for information in competition proceedings. Key Points: ..Clients can now argue that their communications with...more

Fisher Phillips

SCOTUS Recap: Top 10 Ways You Can Protect Attorney-Client Communications After Supreme Court Punts Case

Fisher Phillips on

The Supreme Court was seemingly set to decide whether and when a party can assert attorney-client privilege protection over communications containing both legal and non-legal advice, but SCOTUS recently decided to bypass the...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

Jenner & Block

Privilege Newsletter: United States Supreme Court to Review the Scope of the Attorney-Client Privilege

Jenner & Block on

On October 3, 2022, the U.S. Supreme Court granted review in a federal grand jury proceeding that may result in the Court expanding the scope of the attorney-client privilege for dual-purpose business communications....more

Perkins Coie

The Purpose, A Purpose? Because of Litigation Concerns? Ninth Circuit Adopts Stringent Test for Dual-Purpose Communications

Perkins Coie on

When are communications with counsel that are for both legal advice and business purposes protected by the attorney-client privilege? From least to most stringent, courts have required that a communication be “because of”...more

Akin Gump Strauss Hauer & Feld LLP

Legal Advice Privilege and Foreign Lawyers

In this alert, we consider a recent judgment of the English High Court on legal advice privilege with respect to foreign in-house lawyers, particularly in the context of non-“Advocate” Russian in-house lawyers. Legal...more

Cooley LLP

Alert: Maintaining Legal Advice Privilege in England and Wales: Don’t Let Bad Habits Creep Into ‘New Normal’

Cooley LLP on

Businesses' ability to adapt to the "new normal" of remote working in the UK has been astonishing and commendable. However, the official communication lines that protect legal privilege (amongst other things) may be eroded if...more

Hogan Lovells

Privilege overview (UPDATED)

Hogan Lovells on

Any recorded communication (for example: emails, recorded phone conversations (including voicemails), letters, memoranda, computer records etc) may have to be produced to the other party in litigation or other adversarial...more

Latham & Watkins LLP

Court of Appeal Clarifies Legal Professional Privilege

Latham & Watkins LLP on

The Court ruled on the “dominant purpose” test and offered guidance on the status of multiparty emails, and attachments. Two recent Court of Appeal judgments have sought to clarify, and offer practical guidance relating...more

Hogan Lovells

Court of appeal upholds dominant purpose test for legal advice privilege, and considers its application to multi-addressee...

Hogan Lovells on

In The Civil Aviation Authority v R (on the application of Jet2.com Limited), the Court of Appeal, upholding the High Court decision, has affirmed that legal advice privilege (LAP) is subject to a dominant purpose test. This...more

Morgan Lewis

English Court of Appeal Considers Test for Legal Advice Privilege

Morgan Lewis on

In Civil Aviation Authority v. R (on the Application of Jet2.com Ltd.), the English Court of Appeal clarified the test for legal advice privilege, confirming the need to show that the dominant purpose of the relevant...more

A&O Shearman

Legal Professional Privilege: Clarifying the Exceptions

A&O Shearman on

Following closely behind the Jet2 decision (see our note, Court of Appeal Gives Important New Guidance on Legal Advice Privilege), the Court of Appeal has again turned its attention to privilege, this time in relation to the...more

Jones Day

In-House Counsel, the Requirement of Independence and Legal Professional Privilege in Australia

Jones Day on

The Situation: A line of authority, typically associated with Rich v Harrington [2007] FCA 1987, (2007) 245 ALR 106 ("Rich"), has held that for legal professional privilege to be claimed in relation to advice from an in-house...more

Akin Gump Strauss Hauer & Feld LLP

English Court of Appeal Clarifies the Scope of Legal Advice Privilege

It is well established that the “dominant purpose” test applies in the context of litigation privilege. However, until now, it has been unclear whether the test also applies to legal advice privilege (LAP). Further, there are...more

White & Case LLP

RBI v Asia Coal Energy: Court of Appeal confirms that communication of solicitor instructions does not of itself waive underlying...

White & Case LLP on

In Raffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Ashurst LLP,  the Court of Appeal distinguished the case of Conlon v Conlons Ltd, and provided a helpful analysis of the circumstances in which instructions...more

A&O Shearman

Court of Appeal Gives Important New Guidance on Legal Advice Privilege

A&O Shearman on

In a judgment handed down this week, The Civil Aviation Authority v Jet2.Com Ltd [2020] EWCA Civ 35, the Court of Appeal has given important new guidance on a number of issues that arise as to the scope of Legal Advice...more

Eversheds Sutherland (US) LLP

Legal privilege of corporate internal investigations under US law - 2019 caselaw update

Understanding the boundaries of legal privilege in corporate internal investigations is critical. When counsel, either internal or external, misunderstands these boundaries, the result can be disastrous....more

Latham & Watkins LLP

English High Court Upholds Privilege Claim Over Client Instructions to Provide Confirmations

Latham & Watkins LLP on

The decision clarifies how lawyer-client privilege applies in the context of transactions. The recent English High Court decision Raiffeisen Bank International AG v Asia Coal Energy Ventures Limited and Ashurst provides...more

A&O Shearman

Legal advice privilege subject to "dominant purpose"

A&O Shearman on

Claims for legal advice privilege were said to be subject to a dominant purpose test, namely whether the communication or document was brought into existence with the dominant purpose of it or its contents being used to...more

Orrick, Herrington & Sutcliffe LLP

Structuring Investigations In Light Of UK Privilege Case

The English Court of Appeal's much - anticipated decision on legal professional privilege in Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd. contains mixed news for companies conducting...more

Bennett Jones LLP

What Communications Between a Lawyer and Client are Protected by Solicitor-Client Privilege?

Bennett Jones LLP on

Solicitor-client privilege applies broadly to the continuum of communications concerning matters within the solicitor-client relationship, the BC Court of Appeal recently held in British Columbia (Attorney General) v. Lee,...more

Dechert LLP

Welcome Clarification of English Law Regarding Legal Advice Privilege

Dechert LLP on

The High Court has delivered an important judgment on the application of legal advice privilege to factual reports delivered by lawyers to their clients in the context of a regulatory investigation. In the case of Property...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - March 2014

Proskauer Rose LLP on

Our first article this month addresses the treatment of the attorney-client privilege in employee benefits matters. Pursuant to the so-called "fiduciary exception," communications between an attorney and a plan fiduciary are...more

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