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Email Work-Product Doctrine

BCLP

Navigating a Security Incident - Communication “Dos” and “Don’ts”

BCLP on

Communication during a data breach is challenging in the best of circumstances, and control of information, especially early in a breach response, is critical. Below are some DOs and DON’Ts for communicating during a data...more

Tucker Arensberg, P.C.

OOR Holds that a Draft Complaint attached to an Emails is Privileged

Tucker Arensberg, P.C. on

In Beckes v. North East School District, AP 2022-2826, the OOR determined that the attachments to two emails from the District Solicitor to the District were protected from disclosure under the attorney-client privilege and...more

McGuireWoods LLP

Delaware Federal Court Cleverly Finesses Frequently Arising Privilege Issue

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Nearly every court requires that litigants analyze possible privilege and work product protection for each attachment included in a withheld email or other document. This understandable approach raises an obvious question...more

McGuireWoods LLP

S.D.N.Y. Deals With Spouses and Law Firm Emails: Part I

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Most states have adopted some variation of what is called the "spousal privilege" or "marital privilege." Those usually appear in statutes or rules, and dramatically vary from state to state. For obvious reasons, spouses'...more

Proskauer - Minding Your Business

NY Court Re-Affirms Privilege Protection for Personal Emails Sent by Law Firm Partner on Firm Email Account

Citing new deposition testimony, actor Justin Theroux in a recent motion asked the New York Supreme Court to reconsider its December 2020 denial of Theroux’s motion to compel production of emails that his neighbor, Norman...more

McGuireWoods LLP

Actor Justin Theroux's Feud With Neighbors Generates Another Weird Privilege Decision

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In December 2020, a New York court noted that A-list actor Justin Theroux and his downstairs neighbors "do not get along, to put it mildly." Theroux v. Resnicow, 2020 N.Y. Slip Op. 51489(U), at *2 (N.Y. Sup. Ct. Dec. 16,...more

McGuireWoods LLP

Lawyers’ Failure To Consider Work Product Protection Prejudices Their Clients: Part II

McGuireWoods LLP on

Last week’s Privilege Point described a husband’s probable loss of attorney-client privilege protection when using his employer’s email system for communications with his personal lawyer. Because he had only raised the...more

McGuireWoods LLP

Lawyers’ Failure to Consider Work Product Protection Prejudices Their Clients: Part I

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The attorney-client privilege and the work product doctrine differ dramatically in their age, source, scope, strength and fragility. Lawyers must always consider both. But because clients, lawyers, and even courts usually use...more

Bennett Jones LLP

Legal Privilege, Email and the Continuum of Communication

Bennett Jones LLP on

Solicitor-client privilege extends not only to legal advice provided directly to a client, but to the whole "continuum of communications" in which the advice is given, the Alberta Court of Queen's Bench recently confirmed in...more

McGuireWoods LLP

Privilege and Work Protection for Lawyers' Communications With Third Parties and Reports of Those Communications: Part II

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Last week's Privilege Point described a court's recognition that the work product doctrine can protect lawyers' communications with third party witnesses. Five days later, another court dealt with lawyers' reports to their...more

McGuireWoods LLP

Privilege and Work Protection For Lawyers' Communications With Third Parties and Reports of Those Communications: Part I

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Lawyers' communications with the third parties generally cannot deserve privilege protection, but what about work product protection? In Booth v. Galveston Cty., Civ. A. No. 3:18-CV-00104, 2018 U.S. Dist. LEXIS 181063...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

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2017

The eighth 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

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - June 2017

The seventh 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

Haight Brown & Bonesteel LLP

The Privilege Is All Mine: California Appellate Court Finds Law Firm Holds Attorney Work Product Privilege Applicable to Documents...

In Tucker Ellis LLP v. Superior Court (A148956 – Filed 6/21/2017), the First Appellate District held that (1) the holder of the attorney work product privilege is the employer law firm rather than the former employee attorney...more

Proskauer - Minding Your Business

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The E-Discovery Digest - March 2017"

The sixth 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

Skadden, Arps, Slate, Meagher & Flom LLP

"The E-Discovery Digest - October 2016"

The fifth 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

Best Best & Krieger LLP

California Appellate Court Addresses Release of City Attorney’s Private E-mails

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An appellate court ordered a trial court judge to reconsider his order that e-mails to and from the San Diego city attorney’s personal account be released publicly. The League of California Cities argued that e-mails between...more

K&L Gates LLP

Sending the Privilege Away: Attorney-Client E-Mails in the Corporate Setting

K&L Gates LLP on

In a pending False Claims Act (“FCA”) case involving allegations of noncompliance with the federal physician self-referral law (the “Stark Law”), 42 U.S.C. § 1395nn, the United States District Court for the Middle District of...more

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