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Privileged Communication

McGuireWoods LLP

What Can Corporations Safely Share With Their Auditors?

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Corporations risk waiving their fragile privilege protection by sharing protected communications with even the friendliest outsiders — such as their retained public relations consultants, etc. They must disclose some...more

EDRM - Electronic Discovery Reference Model

Rusty Texts: Sending Privileged Information to Clients

In ‘Rust’ Armorer’s Phone Snafu Shows Risks Of Texting Clients – Law360 (Feb. 13, 2024), Phillip Bantz wrote: “A legal dust-up over compromised text messages between a movie prop weapons expert and her lawyer in the ‘Rust’...more

Goldberg Segalla

Representation without Representation?

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The Pennsylvania Office of Disciplinary Counsel has accused a Philadelphia attorney of initiating a high-profile lawsuit without client authorization. Reportedly, the attorney filed suit on behalf of the father of a deceased...more

Morris James LLP

Icahn Stockholders Not Entitled to Privileged Info Based on Stockholders' Nomination and Employment Relationship With Company...

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To fulfill their fiduciary duties to oversee and properly manage a corporation governed by the Delaware General Corporation Law (DGCL), directors have broad rights to the company’s privileged and confidential information....more

McGuireWoods LLP

Can Any Data Breach Investigation Report Deserve Protection? Part II

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Last week’s Privilege Point described a data breach victim’s latest losing effort to claim privilege protection for its consultant’s investigation report. Leonard v. McMenamins Inc., Case No. C22-0094-KKE, 2023 U.S. Dist....more

McGuireWoods LLP

Former Employees Can Have Privileged Communications With Their Former Employer’s Lawyer, but Cannot Waive Its Privilege

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In all but a few states, the attorney-client privilege can protect a company’s lawyer’s communications with former company employees — as long as the communications focus on the former employees’ tenure at the company. But in...more

Copo Strategies + Law Firm Editorial Service

The five dysfunctions of a litigation communications strategy

There is no doubt that high-stakes litigation is a team sport. Among myriad experts that come to the table for the client, litigation communications professionals are becoming more essential than ever. To help manage the...more

McGuireWoods LLP

Sending an Adversary a Draft Complaint Does Not Waive Privilege or Work Product Protection

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Would-be litigants sometimes send a draft complaint to the would-be adversary — either to deter their bothersome conduct or to spur settlement talks. That scenario frequently raises defamation issues — with states taking...more

McGuireWoods LLP

Can Litigants on Opposite Sides of the “v.” Ever Enter Into a Common Interest Agreement?

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Separately represented clients sometimes may avoid the normal waiver implications of sharing privileged communications by entering into a common interest agreement — but such contractual arrangements frequently do not work....more

Patterson Belknap Webb & Tyler LLP

Nothing to See Here: Judge Reznik Finds that Privilege with a Patent Prosecuting Attorney Belongs to the Assignee, Not the...

On November 22, 2023, United States Magistrate Judge Victoria Reznik (S.D.N.Y.) provided some rare insight into “the applicability and scope of the attorney-client privilege as it relates to patent counsel.” Op. at 1. Judge...more

McGuireWoods LLP

The Crypto King’s and Others’ Reliance on Legal Advice: Part III

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The last two Privilege Points have addressed the implied waiver implications of litigants (defendant in the Crypto King’s trial and plaintiff in the case described last week) relying on legal advice to defend against or...more

McGuireWoods LLP

The Crypto King’s and Others’ Reliance on Legal Advice: Part II

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Last week’s Privilege Point described an “advice of counsel” issue that arose in Bankman-Fried’s recent criminal trial. The day after S.D.N.Y. Judge Kaplan’s ruling in that case, another court dealt with this issue....more

McGuireWoods LLP

The Crypto King’s and Others’ Reliance on Legal Advice: Part I

McGuireWoods LLP on

Defendants seeking to avoid liability by relying on a lawyer’s advice trigger a classic “implied waiver.” Although asserting that defense does not itself disclose any privileged communications (as with an intentional or...more

Hogan Lovells

Retour à la case départ pour le legal privilege à la française ?

Hogan Lovells on

Après plusieurs années de débats, la loi d’orientation et de programmation du Ministère de la justice 2023-2027 envisageait de consacrer la confidentialité des consultations juridiques émanant des juristes d’entreprise....more

Association of Certified E-Discovery...

Privilege Logs and In-Camera Review

[Editor’s Note: This article has been republished with permission. It was originally published November 9, 2023 on the eDiscovery Assistant Blog] This week’s decision comes to us from the case titled 6340 NB LLC v. Cap. One,...more

McGuireWoods LLP

Courts Allow a Voice From the Grave — the “Testamentary Exception”

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Not surprisingly, both a lawyer’s confidentiality duty and the attorney-client privilege protection last beyond the client’s death. But most courts recognize what they call the “testamentary exception” — allowing disclosure...more

Ervin Cohen & Jessup LLP

New California Law Protects Victims of Sexual Harassment, Discrimination or Assault From Claims of Defamation

The California Legislature recently passed Assembly Bill 933, a bill expanding privileged speech to expressly include communications regarding factual information pertaining to incidents of sexual assault, harassment or...more

McGuireWoods LLP

Did S.D.N.Y. Mean to Apply Expansive Common Interest Doctrine?

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Under the widely recognized common interest doctrine, separately represented clients may sometimes contractually avoid the otherwise inevitable privilege waiver when sharing privileged communications. As explained previously...more

McGuireWoods LLP

Relying on an Investigation May Not Forfeit All Privilege Protection

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Clients relying on an investigation’s result to gain some advantage understandably trigger a subject matter waiver. But some courts recognize that those clients may still claim privilege for some related communications....more

McGuireWoods LLP

Rare Opinion Extends Privilege Protection to Implicit Request for Legal Advice

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Overworked judges assessing possible privilege protection for the increasing volume of often-cryptic emails withheld from production understandably look for a client’s explicit request for legal advice from a lawyer....more

Wilson Sonsini Goodrich & Rosati

Swords and Shields: Forging Strong Attorney-Client Relationships

Host Mary O'Brien is joined by Wilson Sonsini corporate partner Craig Sherman as she interviews Bungie General Counsel Don McGowan to discuss forging strong attorney-client relationships. Conversation Highlights: Don...more

McGuireWoods LLP

South Dakota Court Refreshingly Acknowledges Rule 30(b)(6) Confusion

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As noted in several previous Privilege Points, courts have great difficulty assessing privilege protection for communications relating to a Rule 30(b)(6) deposition — in which a corporation or other institution designates a...more

BCLP

Disputes in Focus: Quick Q&A on Legal Privilege in Group Litigation

BCLP on

Legal professional privilege is a key issue in any litigation or investigation and each year the courts determine many disputes over its application. It can become less straightforward to manage and protect in multi-party or...more

Fenwick & West LLP

10 New California Employment Laws Employers Should Know for the New Year

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Governor Newsom recently signed a slew of new bills into law at the close of California’s 2023 legislative session. Of those, there are several employment-related laws that California employers should take note of. We...more

McGuireWoods LLP

Two Federal Courts Assess a Prospective Client’s Privilege Protection on the Same Day

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Communications between a lawyer and a prospective client can involve ethics (confidentiality and conflicts) issues, as well as privilege protection issues. Not surprisingly, the availability of privilege protection depends on...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Links to Other Websites

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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