Document Productions, Confidential Information, Attorney-Client Privilege

What If an Adversary Subpoenas Your Client’s Privileged Documents That Are in Someone Else’s Possession?

McGuireWoods LLP on 3/13/2025

Litigation adversaries often trigger privilege and work product disputes when they seek each other’s documents. But what if your client’s adversary subpoenas a third party holding your client’s privileged documents — whose...more

Delaware Court Ruling Raises Privilege Concerns for Communications With Outside Directors

Jones Day on 1/13/2021

The Situation: Use by outside directors of non-company email accounts or other non-secure platforms to conduct board business risks waiver of the board's privilege. Even if the privilege is maintained, use of such an account...more

No Protection for Vendor's Forensic Report in Post-Breach Litigation? - Preserving Privilege and Work Product Protection in Light...

Hinshaw & Culbertson - Insights for Insurers on 6/17/2020

A May 26, 2020 order by U.S. Magistrate Judge John F. Anderson (E.D. Va.) that attorney work product protection did not preclude production of a forensic vendor's data breach investigation report to plaintiffs in the Capital...more

Federal Court Finds Cybersecurity Forensic Report Not Privileged Under Attorney Work Product Doctrine

Womble Bond Dickinson on 6/15/2020

The United States District Court for the Eastern District of Virginia (Court) has held that a cyber-forensic investigation report was not protected by the attorney work product doctrine and ordered Capital One to produce it...more

Inadvertent Disclosure of Privileged Documents? Some Suggested Steps after the Initial Panic!

Butler Weihmuller Katz Craig LLP on 9/20/2017

In the event of an inadvertent disclosure of documents (electronic or otherwise), an attorney is ethically obligated to promptly notify the sender of the attorney’s receipt of the documents. It is then up to the sender to...more

Document Productions › Confidential Information › Attorney-Client Privilege

What If an Adversary Subpoenas Your Client’s Privileged Documents That Are in Someone Else’s Possession?

Delaware Court Ruling Raises Privilege Concerns for Communications With Outside Directors

No Protection for Vendor's Forensic Report in Post-Breach Litigation? - Preserving Privilege and Work Product Protection in Light...

Federal Court Finds Cybersecurity Forensic Report Not Privileged Under Attorney Work Product Doctrine

Inadvertent Disclosure of Privileged Documents? Some Suggested Steps after the Initial Panic!

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