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Allen Matkins

The Attorney-Client Privilege In M&A Transactions - A Decade Later

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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

McGuireWoods LLP

Educate Your Clients About Two Basic Privilege Misperceptions

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Attorney-client privilege protection depends on a communication’s content — which must be primarily motivated by the client’s request for legal advice....more

Smith Anderson

N.C. Business Court Strengthens a Company’s Ability to Assert the Attorney-Client Privilege in Disputes with Officers and...

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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

McGuireWoods LLP

Two Courts Address the Two Greatest Risks to Internal Corporate Communications’ Privilege Protection: Part I

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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

McGuireWoods LLP

The Crypto King’s and Others’ Reliance on Legal Advice: Part I

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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

Kennedys

Key differences in the legal privileges in the US and England

Kennedys on

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

McGuireWoods LLP

Client Consultants' Role Can Change Over Time, With Differing Waiver Implications

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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

Fisher Phillips

SCOTUS Recap: Top 10 Ways You Can Protect Attorney-Client Communications After Supreme Court Punts Case

Fisher Phillips on

The Supreme Court was seemingly set to decide whether and when a party can assert attorney-client privilege protection over communications containing both legal and non-legal advice, but SCOTUS recently decided to bypass the...more

Felicello Law PC

Check Your Privilege: Is the Scope of the Attorney-Client Privilege Narrowing?

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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

Locke Lord LLP

In Re Grand Jury: U.S. Supreme Court ‎Punts on How to Apply Attorney-Client Privilege to ‎Dual-‎Purpose Communications

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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

A&O Shearman

Supreme Court Considers Test For Application Of Attorney-Client Privilege To So-Called “Dual-Purpose” Communications

A&O Shearman on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court to Assess Attorney-Client Privilege When Legal and Business Advice Intertwine

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

McGlinchey Stafford

Alexa, can you hear my clients? Confidentiality Obligations in the Coronavirus Work from Home Era

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Confidentiality is fundamental to the client-lawyer relationship. Are you talking to your lawyer within earshot of a family member or a third person? Are you talking to your lawyer within earshot of a listening device?...more

White & Case LLP

RBI v Asia Coal Energy: Court of Appeal confirms that communication of solicitor instructions does not of itself waive underlying...

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In Raffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Ashurst LLP,  the Court of Appeal distinguished the case of Conlon v Conlons Ltd, and provided a helpful analysis of the circumstances in which instructions...more

A&O Shearman

Court of Appeal Gives Important New Guidance on Legal Advice Privilege

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In a judgment handed down this week, The Civil Aviation Authority v Jet2.Com Ltd [2020] EWCA Civ 35, the Court of Appeal has given important new guidance on a number of issues that arise as to the scope of Legal Advice...more

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