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Privileged Documents

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

McGuireWoods LLP

Pennsylvania Federal Court Helpfully Distinguishes Between Privilege and Work Product Protection

McGuireWoods LLP on

The last several Privilege Points have emphasized the different waiver implications of disclosing privileged communications and protected work product. For the most part, the distinctions rest on the very different societal...more

ArentFox Schiff

Minority Owners May Be Able to Obtain Privileged Company Documents in Ownership Disputes

ArentFox Schiff on

When corporate management requests or obtains legal advice from corporate counsel, management expects those communications to be protected from disclosure by the attorney-client privilege, and usually they are. But there are...more

McGuireWoods LLP

Are All Government Agencies Part of One “Client” for Privilege Purposes?

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Courts take differing positions on the "client's" identity in the government setting. Among other things, such differing positions might affect the waiver implications of one government agency disclosing its privileged...more

McGuireWoods LLP

Delaware Federal and State Courts Disagree About a Key Privilege Waiver Issue

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Under some arrangements, major shareholders appoint directors to companies those shareholders partially own. Does such a company waive its privilege by disclosing its privileged documents to a designating shareholder's...more

McGuireWoods LLP

Supreme Court Fumbles Attempt to Define Privilege Standard: Part III

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The last two Privilege Points (Part I and Part II) addressed the Supreme Court's abandoned attempt to address the abstract "primary purpose" versus "one significant purpose" privilege standard in the absence of specific facts...more

McGuireWoods LLP

Supreme Court Fumbles Attempt to Define Privilege Standard: Part II

McGuireWoods LLP on

Last week's Privilege Point described the Supreme Court's failure to decide between a "primary purpose" and a "one significant purpose" privilege standard. Everyone wonders why the Supreme Court dropped the case. The best...more

Patton Sullivan Brodehl LLP

Shareholder Inspection Rights Are Not An Automatic Right To Attorneys’ Fees

Recently the Court of Appeals has addressed a director’s inspection rights, and shareholder inspection rights and the associated opportunity to recover attorney fees and other expenses incurred in securing the inspection of...more

McGuireWoods LLP

Southern District of California Applies the Sporck Doctrine

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In 1985, the Third Circuit protected as opinion work product a lawyer's "selection and compilation of [intrinsically unprotected] documents . . . in preparation for pretrial discovery." Sporck v. Peil, 759 F.2d 312, 316 (3d...more

McGuireWoods LLP

Analyzing an Inadvertent Production’s Waiver Impact: What Does the “Inadvertent” Element Mean?

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In federal court and in state courts following the same approach, Fed R. Evid. 502(b) sometimes allows claw backs if a privileged document's production was "inadvertent." That term could have several meanings — ranging from a...more

Jones Day

Fraud, Electronic Data Sources and Claims to Privilege in the United Kingdom—Lessons From Brian Glasgow v David Ames

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In Short - The Situation: Insolvency officeholders increasingly find their investigations into a company's affairs frustrated by the comingling of records on a "group" server. Claims to privilege by other group entities (or...more

McGuireWoods LLP

In Camera Reviews’ Process and Downside: Part II

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Last week's Privilege Point described courts' various standards for their in camera review of withheld documents. The vast majority recognizes the trial court's discretion, but some courts always conduct an in camera review...more

Fox Rothschild LLP

Fair Warning to Parties Choosing to Flout TTAB Discovery Orders: Comply or Suffer the Consequences

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On January 23, 2023, the Trademark Trial and Appeal Board (the “Board”) issued a harsh reminder to parties of the potential adverse consequences of ignoring their discovery obligations and failing to comply with Board...more

McGuireWoods LLP

In Camera Reviews’ Process and Downside: Part I

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Attorney-client privilege protection depends on content, and some work product claims also depend in part on content. Because a litigant's privilege log obviously does not disclose withheld documents' content, the adversary...more

Cooley LLP

Privilege: Privacy and Confidentiality Are Not to Be Equated

Cooley LLP on

In Jinxin Inc v Aser Media PTE Ltd & Others, the High Court of England and Wales determined that directors’ personal emails and documents on a company’s computer system were confidential, despite the company’s ability to...more

McGuireWoods LLP

Court Provides Useful Guidance for Preparing a Defensible Privilege Log

McGuireWoods LLP on

In earlier times, litigants essentially trusted each other to withhold (without identifying) responsive documents protected by the attorney-client privilege or the work product doctrine. Now every court seems to require a...more

McGuireWoods LLP

Court Addresses Privilege Protection for Litigation Holds

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Companies in or anticipating litigation normally impose litigation holds. If litigation ensues, does the attorney-client privilege or the work product doctrine protect the content of such a hold or the fact of its imposition?...more


Challenging 3 Myths About Document Review During Second Requests

Lighthouse on

Legal teams approaching a Hart-Scott-Rodino (HSR) Second Request may hold false assumptions about what is and isn’t possible with document review. Often these appear as necessary evils—compromises in efficiency and precision...more

Blake, Cassels & Graydon LLP

Is Privilege Waived When Cooperating with a Police Investigation?

As Justice Tyndale once stated in a decision rendered by the Quebec Court of Appeal (QCA), "It is common sense that a secret once revealed is a secret no longer." This adage has since been widely used in support of the...more

McGuireWoods LLP

Do Regular Attorney-Client Principles Apply in the Governmental Setting?

McGuireWoods LLP on

Courts' application of the attorney-client privilege to government lawyers' communications reflects the tension between the public interest in government transparency and the societal benefit of public officials and employees...more

Epstein Becker & Green

Supreme Court to Review Scope of Attorney-Client Privilege for “Dual Purpose” Communications

Epstein Becker & Green on

The Supreme Court recently granted certiorari in In re Grand Jury to resolve a circuit split regarding what standard governs the application of the attorney-client privilege to dual-purpose communications, that is...more

McGuireWoods LLP

Courts Apply The "Intensely Practical" Work Product Doctrine: Part I

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The work product doctrine has been described by many courts as "intensely practical." Several decisions highlight this understandable adjective, and explicitly provide useful guidance for lawyers representing litigants and...more

McGuireWoods LLP

Northern District of Illinois Helpfully Explains The Work Product Doctrine Protection’s Contextual Basis

McGuireWoods LLP on

As these Privilege Points have repeatedly emphasized, privilege protection depends on communications' content — which must be primarily motivated by a client's request for legal advice, or the lawyer's responsive provision of...more

McGuireWoods LLP

May Litigants Advance Their Case Using Purloined Privileged Documents?

McGuireWoods LLP on

Given the vulnerability of electronic communications to intrusion, lawyers sometimes obtain and may be tempted to use documents that their clients have inappropriately obtained from an adversary – even privileged documents....more

Stark & Stark

What Is A Special Master? Former President Trump Filed Motion Seeking the Appointment of a Special Discovery Master

Stark & Stark on

Former President Trump’s lawyers filed a motion in federal Court seeking the appointment of a “special master” to inspect the records seized from Mar-a-Lago by the FBI on August 8, 2022. This blog will address what a special...more

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Updated: Dec 28, 2021:

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

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

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