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Attorney-Client Privilege

Array

This Week in eDiscovery: A Self-Collection Warning | ‘Sufficient to Show’ Requests

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 29-July 5. Here’s what’s...more

McGuireWoods LLP

Litigants Confuse a Common-Interest Agreement With Joint Representation

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The common-interest doctrine sometimes protects as privileged communications between separately represented clients sharing an identical legal interest in ongoing or anticipated litigation. It differs dramatically from a...more

Littler

Can an Employee Claim Retaliation for Whistleblowing When They Were Simply Doing Their Job?

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Assume the following, you ask your company’s in-house counsel to handle a highly sensitive matter involving bribery of foreign officials. The employee is given access to confidential attorney-client privileged information...more

Kerr Russell

Five Tips for Preparing to Testify at a Deposition

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Preparing for a deposition can be challenging whether it is a person’s first or hundredth time testifying under oath. Being questioned frequently causes anxiety. But the experience does not have to be so daunting with...more

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

Two Recent CHRT Rulings Rein in Over-Broad Human Rights Litigation - What Employers Should Know

Employers that defend against human rights complaints often find themselves grappling with pleadings and submissions that wander well beyond the events the complainant experienced. ...more

McGuireWoods LLP

Court Analyzes the “Testamentary Exception” — With a Twist

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Under the aptly named “testamentary exception,” a beneficiary taking under a will can sometimes access communications between the testator and the testator’s lawyer. This exception rests on the understandable concept that the...more

Mayer Brown

Recevabilité des correspondances entre un avocat et son client

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Le Conseil d'État réaffirme l’impossibilité pour l’administration fiscale de se fonder sur des correspondances entre un avocat et son client dans le cadre de procédures de redressement, tout en précisant que cette...more

Array

This Week in eDiscovery: Privilege Log Falls Short on Key Entries

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 15-21. Here’s what’s...more

EDRM - Electronic Discovery Reference Model

Privilege Log Helps Defeat Summary Judgment on One Count

In Conner v. Stark & Stark, P.C., 2025 WL 1694052 (D.N.J. June 17, 2025), defendant’s privilege log helped partially defeat defendant’s summary judgment motion....more

McGuireWoods LLP

Can Business Adversaries Safely Share Work Product?

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Unlike the fragile attorney-client privilege that can be waived even upon disclosure to family members, the work product doctrine is much more robust. A recurring corporate scenario confirms this important distinction....more

CDF Labor Law LLP

[Webinar] An Employer’s Playbook for ICE Audits & Workplace Raids - June 24th, 10:00 am - 10:45 am PT

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As we have all seen in the news, employers everywhere, and especially in California, are experiencing a marked uptick in workplace immigration enforcement activity. ICE audits and unannounced raids can occur without warning,...more

McGuireWoods LLP

No Lawyer Required: Part II

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Last week’s Privilege Point described generally accepted principles under which the attorney-client privilege can protect intra-corporate communications without a lawyer’s involvement. To some lawyers’ surprise, the...more

McCarter & English, LLP

Don’t Get Caught in Scattered Spider’s Web

The cybercrime group known as Scattered Spider is at it again, according to Google’s Threat Intelligence Group. This criminal group is known to focus its cyber attacks on one sector at a time. Last spring, it was the retail...more

EDRM - Electronic Discovery Reference Model

Privilege Log Deemed Partially Inadequate

In Gilbane Bldg. Co. v. School Bd. of Broward County, 2025 WL 1615553 (S.D. Fl. Jun 6, 2025), plaintiff moved to compel a “compliant” privilege log. The court decided six issues. The court wrote: “I agree that Defendant...more

DarrowEverett LLP

Before You Hit ‘Record’: Legal Risks In Using AI Notetaking Tools

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You may have asked a team member or associate to jot down notes during a Zoom call, only to find that they struggled to capture every key point while also actively participating in the discussion. Or perhaps you aimed to...more

Seyfarth Shaw LLP

Pay Equity Studies in Focus: Navigating Privilege and Public Disclosure Risks

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A recent decision from the U.S. District Court in Kansas—Spears v. Thermo Fisher Scientific—ruled that a pay equity analysis conducted primarily for business purposes was not protected by attorney-client privilege or the work...more

McGuireWoods LLP

No Lawyer Required: Part I

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The very term “attorney-client privilege” would seem to necessitate a lawyer’s involvement in any communications deserving that evidentiary protection. But in some critical intra-corporate situations, the protection covers...more

Hinckley Allen

10 Core Principles Common to Internal Investigations

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Internal investigations come in all shapes and sizes—criminal, civil, employment, regulatory, and many other areas. Despite the variety, there are core principles common to each type of internal investigation—principles that...more

WilmerHale

Preparing for Securities Litigation: Strategic Coordination with Crisis Response

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When a public company confronts a crisis, whether stemming from regulatory scrutiny, operational setbacks, or some other unfortunate development, securities litigation exposure materializes rapidly. ...more

Lathrop GPM

In Case You Missed It - Our 2025 State of Litigation Recap

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The May 14, 2025 State of Litigation event, sponsored annually by Lathrop GPM, brought together a dynamic mix of legal minds, business leaders and policy experts to unpack the most critical developments shaping the current...more

McGuireWoods LLP

How Does a Rule 502(d) Order Work?

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Under Fed. R. Evid 502(d), a federal court can assure that an inadvertent disclosure of privileged documents in the case before it will not allow litigants in subsequent cases to argue that such disclosure triggered a...more

Herbert Smith Freehills Kramer

Handy client guide to privilege

We have published a client guide to legal professional privilege under English law. This guide comprises: A decision tree: intended as a quick reference to help determine which documents can legitimately be withheld on...more

King & Spalding

Washington District Court Limits Litigants’ Ability to Claw Back Privileged Documents Erroneously Produced in Discovery

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On April 29, 2025, United States District Judge John H. Chun of the Western District of Washington issued an order denying defendant Amazon’s request to claw back privileged documents it argued had inadvertently produced in...more

Nextpoint, Inc.

Key Discovery Points: Navigating Clawbacks When In-House Counsel Are Included

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In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today break down a key antitrust ruling in De Coster v. Amazon.com, where a judge ordered 54 of 85 documents reviewed in camera to be...more

McGuireWoods LLP

Can Clients Safely Share Protected Communications With Their Parents?

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The attorney-client privilege is so fragile that even disclosing protected communications to family members normally waives it. An Arizona appellate court recently took a forgiving view, but a concurring judge sounded the...more

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