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In-House Perspective Attorney-Client Privilege

Read in-house counsel writing on issues of the day, including industry news and legal developments, relationships with outside counsel, legal service, and law practice matters. If you're a GC... more +
Read in-house counsel writing on issues of the day, including industry news and legal developments, relationships with outside counsel, legal service, and law practice matters. If you're a GC interested in writing for the series, contact news@jdsupra.com. less -
Minerva26

Privilege Log, Privilege Log — It’s All About the Description

Minerva26 on

A privilege log is the absolute bane of an attorney’s existence. I don’t mean it isn’t important and a critical component of discovery, but the level of planning, analysis and detail required to complete such a log is...more

Jones Day

Germany's Legal Privilege: What In-House Counsel Need to Know

Jones Day on

The Situation: Germany has no direct equivalent to the U.S. attorney-client privilege, but it offers specific legal protections for in-house counsel in certain proceedings....more

Jones Day

France’s Legal Privilege: Only for Attorneys-at-Law and Patent/Trademark Attorneys; Not (yet) In-House Counsel

Jones Day on

In France, unlike for instance in the United States or United Kingdom, the scope of attorneyclient privilege is restricted to attorneys-at-law registered with a bar and acting independently (within an independent law firm or...more

Bradley Arant Boult Cummings LLP

Merely Copying In-House Counsel Does Not Necessarily Establish Attorney-Client Privilege

Businesses who employ in-house attorneys frequently assume that copying their lawyer on internal communications shields the communications from discovery because of the attorney-client privilege. In 1981, the U.S. Supreme...more

Butler Snow LLP

Paranoid Androids [1]: Artificial Intelligence, In-House Counsel, and the Attorney-Client Privilege

Butler Snow LLP on

Many things go without saying. But the fact that attorneys wear many hats—especially those working as in-house counsel—shouldn’t be one of them. These professionals must not only appear Janus-like in their ability to...more

Carlton Fields

Joint-Defense and Common-Interest Agreements in Government Investigations: Best Practices for In-House Counsel to Retain Privilege...

Carlton Fields on

Introduction - Your company is under investigation by the government. As part of the investigation, the government subpoenaed an employee for testimony. The employee retained a lawyer (separate from your company’s outside...more

Adler Pollock & Sheehan P.C.

In re Grand Jury: Supreme Court Avoids the Circuit Split on the Application of the Attorney-Client Privilege to Dual-Purpose...

Attorneys and in-house counsel who provide both legal and business advice to their clients should consider the scope of the attorney-client privilege relating to dual-purpose communications. On January 23, 2023, after...more

Epstein Becker & Green

Dual Purpose Communication – Why It Is Important for In-House Counsel, Litigators, and All Attorneys to Understand

On January 9, 2023, the Supreme Court held oral arguments on a significant issue regarding the application of the attorney-client privilege in a case called In re Grand Jury, Docket No. 21-1397, 598 U.S. ___ (2023). In re...more

Holland & Hart LLP

Justices Leave Questions Open On Dual-Purpose Atty Advice

Holland & Hart LLP on

In-house counsel, tax attorneys and litigators alike were disappointed by the U.S. Supreme Court's recent decision to dismiss the appeal of In re: Grand Jury on grounds that certiorari was improvidently granted. The...more

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