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Public Relations Attorney-Client Privilege Work-Product Doctrine

Jenner & Block

Privilege Newsletter: Fitting Consultants Within the Attorney-Client Privilege and Work Product Protection – Public Relations...

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In our last newsletter, we analyzed the reluctance of courts to apply privilege to the work of forensic computer consultants following data breaches. Here, we address often unavailing efforts to fit communications with...more

McGuireWoods LLP

Having a Big Law Firm Hire a Public Relations Consultant Does Not Assure Privilege or Work Product Protection

McGuireWoods LLP on

Just as some clients think that copying a lawyer cinches privilege protection, even sophisticated clients relying on well-known law firms might erroneously believe that having those law firms hire a public relations...more

Goodwin

Conducting Internal Investigations: In-House Counsel’s Guide

Goodwin on

Whether you are a director, or a member of an in-house legal, human resources, or internal audit team, there are sensitive scenarios that occur daily in companies and charitable organizations across industries that trigger...more

Troutman Pepper

Protecting Privilege When Communicating With PR Consultants

Troutman Pepper on

In high-profile cases in 2001 and 2003, federal courts recognized exceptions to the third-party waiver rule for privileged communications shared with public relations (PR) consultants. Since then, courts have repeatedly been...more

WilmerHale

Keeping PR Strategy Communications Privileged: Part 2

WilmerHale on

Part 1 of this article provided a state-of-the-law overview for when companies, facing high-profile legal challenges, hire public relations firms to work with the company’s lawyers on messaging. This overview noted that...more

WilmerHale

Keeping PR Strategy Communications Privileged: Part 1

WilmerHale on

Companies faced with high-profile legal challenges often turn to outside public relations firms to help them navigate the choppy waters of industry reputation, maintain shareholder confidence and preserve their hard-earned...more

Troutman Pepper

Protecting Communications From PR Privilege Issues

Troutman Pepper on

Two recent cases in state appellate court show the risks of sharing privileged communications with public relations consultants. But they also provide practical guidance on how to protect the confidentiality of...more

Haight Brown & Bonesteel LLP

Communications between Counsel and PR Firm Hired by Counsel Held Discoverable

Counsel handling cases involving newsworthy facts and litigation often hire public relations (“PR”) consultants. In Nicholas Behunin v. The Superior Court of Los Angeles County, 2017 DJDAR 2405 (No. B272225 March 14, 2017)...more

Bradley Arant Boult Cummings LLP

Legal Advice Or PR Plan? A Pertinent Privilege Conundrum

The ever-expanding scope of what constitutes the “press” creates new issues for companies and their counsel dealing with disputes that either are in or will develop into litigation. Routine corporate disputes that received no...more

Patterson Belknap Webb & Tyler LLP

The Privilege of PR: Application of the Attorney-Client Privilege to Crisis Communications and Public Relations in Breach Response...

Cyber-attacks have become a matter of everyday reality for all businesses: regardless of industry or size, it is no longer if a data breach will happen, but when. And waiting for a breach to occur before designing and...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

McGuireWoods LLP

Court Analyzes Possible Privilege Protection for Communications with Public Relations Consultants

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Corporations and their lawyers frequently work with public relations consultants when facing ongoing or anticipated litigation. In the work product context, courts agree that disclosing preexisting work product to such...more

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