All Things Investigations: Episode 37 – Privileges in Document Production with Mike Huneke
Law School Toolbox Podcast Episode 395: Listen and Learn -- Evidence: Special Privileges
Why Your Data is Key to Reducing Risk and Increasing Efficiency During Investigations and Litigation
Bar Exam Toolbox Podcast Episode 210: Listen and Learn -- Evidence: Special Privileges
What Lawyers Need to Know About Cybersecurity | Dennis Van Metre | Texas Appellate Law Podcast
Outside and in-house lawyers may of course normally claim privilege protection for their investigation-related communications, as long as they were primarily motivated by the need for legal advice. Depending on the...more
In 2013, then Chancellor Leo Strine determined that under Section 259 of the Delaware General Corporation Law the attorney-client privilege held by the target company follows to the surviving company after a merger. Great...more
Attorney-client privilege protection depends on a communication’s content — which must be primarily motivated by the client’s request for legal advice....more
With its origins in the 16th century, the attorney-client privilege is one of the oldest doctrines in our common law tradition. Even so, new issues do arise, like in the North Carolina Business Court case Hosie v. 8 Rivers...more
Lawyers representing corporations all recognize the privilege waiver risk of disclosure to outsiders. But there are two huge risks to privilege protection even for internal corporate communications. Pointing to the “primary...more
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
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
The US concepts of the attorney-client privilege and the work-product doctrine are rooted in England’s and Wales’s legal advice and litigation privileges. The primary purpose of the attorney-client privilege and the legal...more
Some lawyers erroneously assume that the fragile attorney-client privilege protection normally survives disclosure (by them or by their clients) to the client’s consultant/agent. That can be true in very limited...more
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
A recent U.S. Supreme Court case, In re Grand Jury, captured the attention of lawyers nationwide who hoped it would provide guidance on the application of attorney-client privilege to “mixed-purpose” communications between...more
On January 23, 2023, the United States Supreme Court dismissed the writ of certiorari as improvidently granted in a case that asked the Court to consider how to determine the application of attorney-client privilege to...more
The “attorney-client privilege” may be the most well-known and misunderstood legal principles. Both attorneys and clients often make broad assumptions about its scope and application. When these assumptions turn out to be...more
On January 23, 2023, the U.S. Supreme Court dismissed In re Grand Jury, which had asked it to expand the scope of attorney-client privilege protection for dual-purpose communications, i.e., communications (particularly those...more
On January 9, 2023, the United States Supreme Court heard oral argument in In re Grand Jury, No. 21-1397, a case with potentially far-reaching implications concerning the application of the attorney-client privilege to...more
The Supreme Court just heard arguments in a case that could transform the way in-house and outside attorneys communicate with their clients every single day. The issue before SCOTUS in the case of In re Grand Jury is whether...more
The attorney-client privilege protects confidential communications between clients and their attorneys made for the purpose of obtaining or providing legal advice. In Upjohn Co. v. United States, a seminal 1981 decision...more
It is well-established that attorneys and their clients are entitled to private and protected communications. But what level of protections are available when an accountant is used in an engagement to provide an area of...more
As technology becomes more sophisticated, so too do the security issues its users encounter. These challenges impact attorneys and law firms particularly, as they regularly deal with confidential data and privileged...more
Earlier this year, a federal judge in the Northern District of California ordered Elizabeth Holmes (“Holmes”), the founder and former CEO of now-defunct Theranos, Inc. (“Theranos”), to disclose communications between herself...more