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Privileged Communication Young Lawyers

Bennett Jones LLP

Privilege is Sacrosanct: Ontario Court of Appeal Affirms High Threshold for Abrogation of Privilege

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Legislation must show a clear, explicit and unequivocal intention to abrogate privilege before a party is required to disclose privileged information, the Ontario Court of Appeal reiterated in its recent decision of Ontario...more

Sands Anderson PC

Supreme Court Hears Arguments on Application of Attorney-Client Privilege

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It happens often enough that lawyers receive communications from clients that have a “dual purpose.” In part the communication seeks legal advice. In part, though, the communication asks for business, or family, or personal...more

Sullivan & Worcester

A Refresher on Legal Privileges for Client Communications

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The multitude of new digital communications and social media platforms available in today’s technologically advanced world is a double-edged sword. As helpful as they are in speeding communications, opening new avenues of...more

Robins Kaplan LLP

Be Warned: As Fiduciary Duties Shift, So, Too, Can Privilege Ownership

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Picture this. Years after leaving your in-house counsel role at Company A, you find yourself being deposed in a litigation matter with Company A’s adversary inquiring into your legal notes and internal privileged...more

Sands Anderson PC

On Lawyer Communication

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Any discussion of the attorney-client relationship involves communication and allocating authority between the lawyer and the client. Rule 1.2(a) provides that...more

McGuireWoods LLP

The Southern District of New York Defines The Privilege Standard For Communications With Three Types of Consultants

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Clients and their lawyers often work with consultants. If such consultants are found to be outside privilege protection: (1) communications with them do not deserve privilege protection; (2) their participation in otherwise...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - March 2018

The ninth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

McGuireWoods LLP

How Can Law Firms Help Maximize Privilege Protection for Consultants They Hire?

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Last week's Privilege Point highlighted the difficulty of establishing that client agents/consultants are inside privilege protection. In contrast, lawyer’s agents/consultants can deserve privilege protection – but only if...more

Eversheds Sutherland (US) LLP

What Happens in Vegas Doesn’t Always Stay in Vegas: Considerations When Discovery of Privileged Communications Is Sought in a...

In most instances, discovery disputes over applicability of a privilege are litigated in the same jurisdiction where the privileged relationship arose, and the availability of that privilege is clear. But what happens when a...more

McGuireWoods LLP

Court Affirms the Comforting Bevill Backstop

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Lawyers representing corporations should in nearly every circumstance provide an Upjohn warning to avoid accidentally creating attorney-client relationships with company employees. Upjohn v. United States, 449 US 383 (1981)....more

McGuireWoods LLP

Can Inactive Lawyers Claim Privilege Protection for their Communications?

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Some lawyers deliberately or inadvertently let their licenses lapse, but still give advice to clients and prepare related documents. What privilege implications come from such a scenario? In John Ernst Lucken...more

Patterson Belknap Webb & Tyler LLP

Privilege Waiver: Is Your File-Sharing Site a Public Park Bench?

While courts and the Federal Rules of Evidence take an increasingly pragmatic approach to the question of when inadvertent disclosure of privileged information results in waiver, a recent federal magistrate’s ruling serves as...more

McGuireWoods LLP

Can You "Undo" an Implied Waiver?

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An intentional express disclosure of privileged communications normally triggers an irreversible waiver, although the disclosure might or might not cause a subject matter waiver. The waiver implications of implied waivers...more

Holland & Knight LLP

New York Appellate Division Strongly Supports In-House Law Firm Privilege Claim

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In Stock v. Schnader Harrison Segal & Lewis, 2016 WL 3556655 (N.Y. App. Div. 2016), the First Judicial Department of the New York Appellate Division upheld, in a case involving a former law firm client seeking to sue the...more

McGuireWoods LLP

The Southern District of New York Takes a Narrow View of the "At Issue" Waiver Doctrine

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An "at issue" waiver can occur without the client disclosing, relying on or even referring to privileged communications. Instead, such a waiver can result from the client's affirmative assertion of some position that...more

Mintz - Intellectual Property Viewpoints

U.S. International Trade Commission Publishes Proposed Changes to Procedural Rules of Practice

The International Trade Commission proposed a series of new procedural rules, which were published in the Federal Register on September 24, 2015. This blog post provides a summary of the more notable proposed changes to the...more

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