The Presumption of Innocence Podcast: Episode 72 - Beyond the Headlines: Unpacking a Pivotal Case on Privilege Protections
Bar Exam Toolbox Podcast Episode 204: Listen and Learn -- Scope of Discovery and the Work-Product Privilege
Internal Investigations in the Asia-Pacific Region
Cyberside Chats: Preserving Legal Privilege After a Cybersecurity Incident
Jones Day Presents: Strategies for Dealing with the IRS: The IRS Examination
Day 15 of One Month to Better Investigations and Reporting-the Parameters of Privileges
On February 10, 2026, U.S. District Judge Jed Rakoff of the Southern District of New York issued a bench ruling holding that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client...more
In AI Docs Sent By Exec To Attys Not Privileged, Judge Says – Law360 (Feb. 10, 2026), Pete Brush reported a bench ruling holding that “a Texas financial services executive accused of a $150 million fraud cannot claim...more
After a marine casualty occurs, there will be many immediate actions for the relevant parties, including the vessel’s owner, manager, insurers, and counsel (“vessel interests”), to handle. This article is one in a series...more
Effective December 1, 2025, the Federal Rules of Civil Procedure added new Rule 16.1, “Multidistrict Litigation,” and amended Rules 16 and 26. The takeaway is straightforward: Rule 16.1 provides valuable structure for the...more
As artificial intelligence becomes increasingly embedded in legal workflows, managing partners and in-house legal leaders must confront a critical threshold issue: whether legal advice created with the assistance of AI is...more
Two recent cases show that the “intensely practical” work product doctrine can protect a lawyer’s selection of intrinsically unprotected material — if the selection would give the adversary insight into the lawyer’s strategy...more
Those involved with internal investigations will continue to contend with a set of increasingly defined and evolving set of constraints in 2026: rules on data access and cross border transfers, persistent jurisdictional...more
Attorney-client privilege (which comes from a variety of sources, depending on the state and court) and work product doctrine (which rests on court rules in most jurisdictions) can both shield communications from discovery....more
Counsel and incident responders know the first 72 hours of a cyber incident are unforgiving. In the rush to triage, remediate, and notify, organizations can lose sight of a critical objective: preserving attorney-client...more
2025 ushered in several ESI developments affecting eDiscovery professionals. Courts have issued decisions addressing cutting-edge issues regarding AI-content. They include cases discussing preservation and production...more
You just received a formal legal document demanding documents or testimony – and the clock is already ticking. Before you decide whether to comply, ignore it, or call an attorney, you need to understand exactly what you're...more
“Slip and fall” personal injury cases frequently spawn work product and related issues. In Sabanski v. Ulta Salon, Cosmetics & Fragrance, Inc., Case No. 8:24-cv-844-WFJ-SPF, 2025 U.S. Dist. LEXIS 196575 (M.D. Fla. Oct. 3,...more
Yes, in certain circumstances. - What is the legal position? - Absent a test case or legislative reform, the existing legal framework could protect privilege in communications created by, or with the assistance of,...more
Despite some lawyers’ mistaken belief that the work product doctrine only protects materials created by lawyers, Fed. R. Civ. P. 26(b)(3) extends to litigation-related material prepared “by or for another party or its...more
The tripartite relationship is a term of art which describes the complex relationship between (1) an insurance company, (2) it’s insured, and (3) defense counsel retained to represent the insured. Originally Published in...more
Disclosing privileged or work product-protected communications to a third party can risk a waiver of those communications’ protections. In some circumstances, such a disclosure can trigger a more frightening subject matter...more
On October 3, 2025, in In re FirstEnergy Corp., the U.S. Court of Appeals for the Sixth Circuit vacated a district court order that, if permitted to stand, would have required wholesale production of materials generated in an...more
What are the most important eDiscovery case law rulings of 2025? In our December 2025 EDRM monthly webinar of cases covered by the eDiscovery Today blog, we will revisit several of the great cases we’ve discussed this year,...more
On October 3, 2025, in a highly anticipated ruling in In re First Energy Corp. No. 24-3654 (6th Cir. Oct. 3, 2025), the Sixth Circuit granted a mandamus petition and vacated a lower court order that FirstEnergy, an Ohio-based...more
The Pennsylvania Superior Court recently addressed the issue of when defendant health care providers can assert privilege under the MCARE Act and the Patient Safety and Healthcare Quality Improvement Act (PSQIA) to protect...more
On Oct. 3, 2025, the U.S. Court of Appeals for the Sixth Circuit granted a writ of mandamus, vacating a district court order compelling FirstEnergy Corp. to produce internal investigation documents protected by...more
Government investigations have evolved significantly, and agencies have adopted more sophisticated approaches to enforcement. This article identifies seven areas where deliberate planning, proactive negotiation, and...more
Last week’s Privilege Point described a decision that allowed plaintiff to rely on a market survey without disclosing “communications relating to the survey’s design, administration, or results.” Austin’s National Frozen...more
In Summer 2025, the U.S. Court of Appeals for the Sixth Circuit issued a strongly worded decision in In Re: FirstEnergy Corporation (No. 24-3654)—confirming the core concept that internal investigations conducted by counsel...more
When discussing complex employment issues, an employer would be wise to take steps to ensure that communication is protected from disclosure and remains confidential, preventing it from becoming discoverable in future...more