News & Analysis as of

Corporate Counsel Work-Product Doctrine

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

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

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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

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

Haug Partners LLP

Disclosure of Third-Party Funding Documents in Patent Litigation: A Shift Towards Greater Transparency in Patent Ownership and...

Haug Partners LLP on

Third-party litigation financing (TPLF) is an arrangement by which plaintiffs finance litigation costs through a non-party, typically a private firm that obtain funds from other investors. The commercial goal for a funder is...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

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

Allen Matkins

SEC Demands That Covington & Burling "Name Names"

Allen Matkins on

Earlier this week, the United States Securities and Exchange Commission filed a complaint against one of the country's leading law firms - Covington & Burling LLP.  According to the complaint, "threat actors" associated with...more

Butler Snow LLP

Company Cooperation Leads to Criminal Discovery

Butler Snow LLP on

When a company discovers that a crime may have been committed by individuals within the company, or is alerted by the government of that possibility, the company will often hire an outside law firm to conduct an internal...more

Fisher Phillips

4 Steps to Stay in Compliance with OFCCP’s New Affirmative Action Compensation Analysis Requirements

Fisher Phillips on

When government officials released new guidance last week explaining how they will evaluate federal contractors’ compliance with new compensation analysis obligations, they calmed the nerves of the contractor community by...more

Sullivan & Worcester

A Refresher on Legal Privileges for Client Communications

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The multitude of new digital communications and social media platforms available in today’s technologically advanced world is a double-edged sword. As helpful as they are in speeding communications, opening new avenues of...more

King & Spalding

Cooperation Credit and Attorney-Client Privilege: The Implications of Coburn

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Cognizant Technology’s Privilege Waiver - On February 1, 2022, the District of New Jersey ordered a company to produce internal investigation materials to two former executives indicted in connection with an alleged foreign...more

World Law Group

Internal Investigations in the Asia-Pacific Region

World Law Group on

Members of WLG's Compliance & Investigation Group hosted a panel discussion on Internal Investigations in the Asia-Pacific Region. We heard from member firms in Australia, China, Japan, Singapore, South Korea, and Vietnam....more

World Law Group

[Webinar] Internal Investigations in the Asia-Pacific Region - December 8th, 1:00 pm GMT

World Law Group on

Join World Law Group's Compliance & Investigations Group for a panel discussion on Internal Investigations in the Asia-Pacific Region. Panelists in Australia, China, Japan, Singapore, South Korea, and Vietnam will address...more

WilmerHale

Protecting Common-Interest Privilege and Work-Product Protections: Guidance from Recent Decisions

WilmerHale on

Two recent decisions from Judge Laurie Selber Silverstein of the United States Bankruptcy Court for the District of Delaware address common-interest and attorney work-product protection issues that arose in the bankruptcy...more

Bass, Berry & Sims PLC

Reminder: When Are Communications with Corporate Counsel Privileged?

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To foster open and honest communications with counsel, it is critically important that those communications are protected from disclosure by the attorney-client privilege. But, not every communication with counsel is...more

Reveal

Technology-Assisted Review (TAR) | Everything In-House Counsel Need to Know [Guide]

Reveal on

Maybe you went into the law because you aren’t much of a tech person. You’re more of a big-picture thinker, hired as in-house counsel for your legal acumen, ability to strategize, and broad-based experience. You figure you...more

Davis Wright Tremaine LLP

Is My In-House Message Privileged? 9th Circuit Clarifies Test for Attorney-Client Privilege and Dual-Purpose Communications

The 9th Circuit recently clarified the bounds of the attorney-client privilege. While the basic assessment of the privilege is simple (it protects confidential communications between attorneys and clients made for the purpose...more

ArentFox Schiff

Error - No Privilege Found: District Court Compels Production of Data Breach Report

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The Middle District of Pennsylvania recently rejected arguments that a report created in response to a data breach was protected as work-product and/or under attorney-client privilege because: The report’s Statement of Work...more

Mintz - Privacy & Cybersecurity Viewpoints

Another Court Orders Production of Cybersecurity Firm’s Forensic Report in a Data Breach Case

Another district court just ordered the defendant in a data breach class action to turn over the forensic report it believed was entirely protected from disclosure by the attorney-client privilege and work product doctrine....more

Patterson Belknap Webb & Tyler LLP

Forensic Analysis and Privilege in the Wake of a Data Breach

In the wake of a data breach, counsel will often require the assistance of a forensic firm in order to provide legal advice to their client. The forensic analysis—which is often memorialized in a report to counsel—is crucial...more

Goodwin

Conducting Internal Investigations: In-House Counsel’s Guide

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Whether you are a director, or a member of an in-house legal, human resources, or internal audit team, there are sensitive scenarios that occur daily in companies and charitable organizations across industries that trigger...more

Kilpatrick

The Attorney Client Privilege: The Corporate Communication Conundrum – PART ONE

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“But in-house counsel was copied on the email, isn’t that enough?” When a business faces the prospect of producing documents in litigation, determining which documents are protected by the attorney-client privilege and...more

Alston & Bird

Federal Court Rules Cyber Forensic Report Is Not Protected Under Attorney-Client Privilege Or Work Product Doctrine

Alston & Bird on

On January 12, 2021, Judge Boasberg (D.D.C.) ruled that a forensic report prepared for outside counsel following a cyber incident investigation was not protected under either attorney-client privilege or the work product...more

Carlton Fields

Maintaining Privilege: A Refresher on Attorney-Client Privilege for the Remote-Work Environment

Carlton Fields on

Corporate counsel and their clients exchange confidential communications daily. Included in these exchanges are assumptions about what is and what will remain attorney-client privileged. For in-house counsel, communications...more

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