News & Analysis as of

Corporate Counsel Attorney-Client Privilege

BCLP

Navigating a Security Incident - Best Practices for Engaging Service Providers - September 2024

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With the recent wave of ransomware and other security incidents, it is now more important than ever for impacted organizations to have a thorough understanding of each element of a proper data breach response. That includes...more

Esquire Deposition Solutions, LLC

Sidestepping Conflicts and Other Ethical Pitfalls in Employee Depositions

This blog post is the fourth in a series on common ethical challenges that arise when preparing for and conducting depositions. Quite often corporate employers want outside counsel to represent both the corporation and...more

DRI

The Attorney-Client Privilege: Beware of Pitfalls with Use of In-House Counsel

DRI on

The attorney-client privilege is the oldest of the common law privileges for withholding confidential communications recognized in American jurisprudence. It allows a person to seek legal advice and representation without...more

Wolf, Greenfield & Sacks, P.C.

Sued: What In-house Counsel Without Litigation Experience Need to Know - Preparing Your Inside Team

3: Preparing Your Inside Team - Preservation, Privilege, Potential Pitfalls -This is the third in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent...more

Vinson & Elkins LLP

Review of Attorney-Client Privilege, Work Product Doctrine, and the Crime-Fraud Exception

Vinson & Elkins LLP on

A recent privilege dispute in E.D.N.Y. case La Liberte v. Reid provides a prime opportunity to review the law and practical aspects surrounding attorney-client privilege, work product protection, and the crime-fraud exception...more

Proskauer - Minding Your Business

New York’s Court of Appeals Holds Some Internal Training Materials Are Privileged

The New York Court of Appeals recently clarified and reinforced the attorney-client privilege, explaining that certain internal training materials reflecting legal analysis of statutory, regulatory, and decisional law...more

Robins Kaplan LLP

Do We Have to Share That Information? Attorney-Client Privilege in the Multi-Entity Context

Robins Kaplan LLP on

A bedrock feature of the attorney-client relationship is the privilege protecting legal-advice communications from prying eyes. Confidential communications between a client and her lawyer are protected to a degree not found...more

Wilson Sonsini Goodrich & Rosati

Swords and Shields: Forging Strong Attorney-Client Relationships

Host Mary O'Brien is joined by Wilson Sonsini corporate partner Craig Sherman as she interviews Bungie General Counsel Don McGowan to discuss forging strong attorney-client relationships. Conversation Highlights: Don...more

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

Fisher Phillips on

The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

Lathrop GPM

Kansas Federal Court Quashes Deposition of Franchisee’s General Counsel

Lathrop GPM on

A federal court in Kansas recently granted Defendant Sandvik Mining and Construction’s motion to quash a deposition subpoena of its in-house counsel. Roadbuilders Machinery and Supply Co., Inc. v. Sandvik Mining and...more

ArentFox Schiff

Minority Owners May Be Able to Obtain Privileged Company Documents in Ownership Disputes

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When corporate management requests or obtains legal advice from corporate counsel, management expects those communications to be protected from disclosure by the attorney-client privilege, and usually they are. But there are...more

Hogan Lovells

Your secret is safe with me - CJEU extends Legal Professional Privilege under EU law

Hogan Lovells on

In December 2022, the Court of Justice of the European Union (“CJEU”) made a preliminary ruling which will herald a significant, and welcome, impact on the treatment of lawyer-client communications by the EU courts. The...more

Paul Hastings LLP

Primary or Significant? The Impact of the Supreme Court’s Decision to Not Review Attorney-Client Privilege In Dual Purpose...

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At some point in their careers, most in-house counsel will be asked about the application of the attorney-client privilege or work on matters in which they will have to become familiar and comfortable with the application of...more

Burns & Levinson LLP

Reminders on the Attorney-Client Privilege for In-House Counsel

Burns & Levinson LLP on

I just came across a decision issued in the District of Massachusetts, Logue v. The Rand Corporation, and it reminded me of some key aspects of the attorney-client privilege related to in-house counsel about which I have...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Backs Away from Deciding Scope of Attorney-Client Privilege

The Supreme Court has declined, for now, to decide when attorney-client privilege will apply to communications viewed by courts as made for both legal and other purposes.  In October 2022, the Court granted certiorari in In...more

Hogan Lovells

Privilege claimed, privilege protected? English court orders release of "privileged" documents adopting "fraud exception"

Hogan Lovells on

The English High Court has issued a stern reminder that legal professional privilege is not absolute, and that orders may be made for the disclosure of documents "notwithstanding any apparent privilege with which they may be...more

Reveal

Legal Professional Privilege | Corporate Internal Investigations in the UK

Reveal on

Privilege is a legal concept that can have a significant impact on internal investigations. It refers to certain types of communications or documents that are protected from disclosure because they are considered confidential...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Leaves Open the Extent of Privilege Protection for Attorney-Client Communications with Dual Legal and Business...

Every day in corporate America, in-house and outside legal counsel attend meetings and correspond by email with their clients about both legal and business matters. Often it difficult to separate the legal and non-legal parts...more

WilmerHale

Update: Supreme Court Dismisses Privilege Case after Hearing Arguments

WilmerHale on

Shortly after oral arguments on the correct standard for assessing the application of mixed-purpose communications in In re Grand Jury, the U.S. Supreme Court dismissed its writ of certiorari as improvidently granted.  To...more

Jackson Walker

Docket Check Update: US Supreme Court Declines to Decide Whether Attorney-Client Privilege Protects Dual-Purpose Communications

Jackson Walker on

The U.S. Supreme Court decided on January 23, 2023, in a per curiam slip opinion that it would not consider whether communications including both legal and non-legal advice are protected by attorney-client privilege. The...more

Morgan Lewis

US Supreme Court to Consider Scope of Attorney-Client Privilege in Dual-Purpose Communications

Morgan Lewis on

The US Supreme Court heard oral arguments on January 9, 2023, regarding how federal courts should determine when the attorney-client privilege applies to dual-purpose communications. The central question in the case before...more

Allen Matkins

SEC Suit Against Covington & Burling Threatens More Than Attorney-Client Privileged Information

Allen Matkins on

Yesterday, I wrote about the Securities and Exchange Commission's attempt to force the prominent law firm of Covington & Burling LLP.  In some discussions about the case, some have assumed that the concern is about...more

Zuckerman Spaeder LLP

In re Grand Jury: Supreme Court Considers the Scope of Attorney-Client Privilege for “Dual-Purpose Communications”

Zuckerman Spaeder LLP on

The firm petitioned the Supreme Court for review, asserting a three-way split between the Ninth Circuit (which it described as applying a primary purpose standard), the D.C. Circuit (described as applying its preferred...more

Fisher Phillips

SCOTUS Predictions: Will the Supreme Court Shred Attorney-Client Privilege Claims – Including for Inside Counsel?

Fisher Phillips on

The Supreme Court just heard arguments in a case that could transform the way in-house and outside attorneys communicate with their clients every single day. The issue before SCOTUS in the case of In re Grand Jury is whether...more

Sands Anderson PC

Supreme Court Hears Arguments on Application of Attorney-Client Privilege

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It happens often enough that lawyers receive communications from clients that have a “dual purpose.” In part the communication seeks legal advice. In part, though, the communication asks for business, or family, or personal...more

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