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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
We continue our exploration of how CEOs and senior executives are uniquely positioned to drive home the importance of ethical behavior and adherence to compliance regulations. Today, we consider the humble email and how it...more
During a recent employment law webinar, Haynsworth Sinkler Boyd discussed considerations for employers when conducting workplace investigations. To help employers conduct more effective and efficient workplace investigations,...more
On March 3, 2023, the Department of Justice (“DOJ”) issued long-awaited guidelines on how it will evaluate whether companies have implemented appropriate guidance and controls on the use of personal devices and third-party...more
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
Slack is revolutionizing how companies communicate internally, smoothing collaboration, speeding response times, and enhancing the organization and clarity of team conversations. But, as with any tool, it only works if you...more
A recent court of appeal opinion out of San Diego demonstrates how the California Environmental Quality Act (“CEQA”) has once again been used to impede housing development—this time to the benefit of a high-end luxury spa. ...more
When I first came across the collaboration platform Slack at my former company, I was, to put it mildly, not a fan. But I’m glad to say I gave it a try, and now I am a convert to the power of collaboration applications. ...more
Remember the story that the Verge broke a few years ago—aka December 2019—about Steph Korey, the Away CEO who stepped down after former employees claimed that she created a “toxic work culture” through Slack messages? Away,...more
The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during a dawn raid is of utmost importance and of great relevance to companies under investigation. On 10...more
In the latest round of legal issues relating to West Ham United FC's move to the London Stadium, the Court of Appeal found that confidential internal emails between board members and other stakeholders, for the purposes of...more
It is easy to see how this applies to your straightforward defamation case assuming the defendant engaged in the “exercise of the right of free speech” which means “a communication made in connection with a matter of public...more