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Federal Rules of Evidence › Discovery › Attorney-Client Privilege

Vinson & Elkins LLP

Reducing Costs of Privilege Review and Privilege Logging

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The difficulty of handling privilege disputes can be especially pronounced in cases involving a prolonged discovery period and large corporate defendants with different document custodians. When a party chooses to withhold...more

Pullman & Comley, LLC

Voluntary Disclosure of a Communication with Counsel: The CT Appellate Court Recognizes “Subject Matter” Waiver

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Accordingly, we hold that the voluntary disclosure of a privileged attorney-client communication constitutes a waiver of the privilege as to all other communications concerning the same subject matter when the trial court...more

Epiq

New Sedona Commentary Tells Us Protecting Privilege Can be Easy with Rule 502(d) Orders

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During the early phases of a case, there are times where disclosure of privileged information may occur. Although lawyers should do everything to protect confidential client information, communications, and work-product...more

Esquire Deposition Solutions, LLC

Litigation Experts Encourage Wider Use of Privilege Protection Orders

Esquire Deposition Solutions, LLC on

Federal litigators aren’t taking sufficient advantage of 2008 amendments to Federal Rule of Evidence 502, which gives them the authority to obtain protective orders that can stem the damage from inadvertent disclosure of...more

Esquire Deposition Solutions, LLC

Avoid Inadequate Clawback Agreements with These Tips

Esquire Deposition Solutions, LLC on

Privileged documents are sometimes inadvertently disclosed to opposing parties during discovery and the litigation process, breaching attorney-client privileges and causing havoc for both defense and plaintiff counsels. To...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Says PTO Submissions can Waive Privilege to Future Communications

Mintz - Intellectual Property Viewpoints on

On July 20, 2017, the United States Court of Appeals for the Federal Circuit in In re OptumInsight denied OptumInsight’s petition for writ of mandamus on privilege waiver. The court held that the District Court for the...more

Mintz - Intellectual Property Viewpoints

The Federal Circuit Newly Recognizes Patent-Agent Privilege

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On March 7, 2016, the Court of Appeals for the Federal Circuit recognized “a patent-agent privilege extending to communications with non-attorney patent agents when those agents are acting within the agent’s authorized...more

Proskauer - Corporate Defense and Disputes

Scope of Attorney-Client Privilege And Work Product Doctrine In Internal Investigations Clarified

Proskauer - Corporate Defense and Disputes on

The scope of the attorney-client privilege and work product doctrine for internal investigation reports has once again been clarified by the D.C. Circuit in a False Claims Act case against defense contractor KBR, Inc. In its...more

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