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Corporate Counsel Young Lawyers Work-Product Doctrine

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - March 2018

The ninth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Epiq

2017 eDiscovery Case Law Review

Epiq on

Electronic discovery cases that made headlines in 2017 featured well-known names such as Taylor Swift and Lynyrd Skynyrd, and reached all the way to the U.S. Supreme Court. As the year draws to a close, it’s a good time to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Consultant Documents: Federal District Court Addresses Potential Application of Attorney-Client Privilege/Work...

The United States District Court (Western District of Oklahoma) addressed in a January 11th Order the potential application of the attorney-client privilege and work product doctrine to certain documents generated by...more

Bennett Jones LLP

Are Lawyers' Notes Privileged? - Lawyers' Interview Notes Created in Internal Investigation Ordered to Be Disclosed in U.K....

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A recent English decision on privilege has cast doubt on the legal protection provided to lawyers' work product when assisting corporate clients with internal investigations. In The Director of the Serious Fraud Office v...more

BCLP

Are Your Internal Investigation Memos Protected as Privileged or Work Product?

BCLP on

A recent decision by Judge Rosemary M. Collyer of the U.S. District Court for the District of Columbia is a stark reminder that neither the attorney-client privilege nor the work product doctrine automatically protects...more

Patterson Belknap Webb & Tyler LLP

Privilege Waiver: Is Your File-Sharing Site a Public Park Bench?

While courts and the Federal Rules of Evidence take an increasingly pragmatic approach to the question of when inadvertent disclosure of privileged information results in waiver, a recent federal magistrate’s ruling serves as...more

Seyfarth Shaw LLP

Personnel Investigation By Outside Attorney Protected From Disclosure In Discovery

Seyfarth Shaw LLP on

Seyfarth Synopsis: California Court of Appeal holds that (1) an outside attorney’s investigation can be privileged even though the attorney simply investigated facts, and (2) the employer does not waive the privilege simply...more

McGuireWoods LLP

How Far Does the "Functional Equivalent" Standard Extend?

McGuireWoods LLP on

Many previous Privilege Points have addressed the corporate-friendly "functional equivalent" doctrine, under which non-employees who essentially act as employees are inside privilege protection. An equal number of Privilege...more

Moore & Van Allen PLLC

D.C. Circuit Considers Whether Complying With Federal Regulations Obviates the Attorney-Client Privilege & Work Product Doctrine...

Moore & Van Allen PLLC on

The internal investigation is a critical tool for companies operating in the current environment of stringent regulatory oversight and government scrutiny. The attorney-client privilege and work product doctrine are sacred...more

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