News & Analysis as of

Attorney-Client Privilege

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2024

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Following our annual tradition — which started over a decade ago — we are analyzing the year's 10 most significant whistleblower and retaliation events. As you'll see, in 2024, actions taken by a range of courts and...more

McGuireWoods LLP

Can Advertising Agencies Ever Be Within Privilege Protection?

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Numerous Privilege Points have described cases concluding that advertising agencies are outside privilege protection but inside work product protection (although they normally cannot themselves create protected work product)....more

Alston & Bird

Collaborating Effectively Within Your Organization During Internal Investigations

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Our White Collar, Government & Internal Investigations Team offers effective and actionable best practices for companies to follow in conducting their internal investigations....more

McGuireWoods LLP

New York Federal and State Courts Deal With Privilege and Work Product Implications of Intrafamily Communications

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The differing waiver rules governing the fragile attorney-client privilege and the robust work product doctrine protection predictably create stark differences when family members communicate with each other. This type of...more

Association of Certified E-Discovery...

Understanding the Dominant Purpose Test for Determining Whether Privilege Applies

In complex litigation, understanding when a document is protected by attorney-client privilege can be challenging, especially when privilege issues arise in multidistrict litigation (MDL) like the In re Uber Technologies,...more

McGuireWoods LLP

Court Tackles a Tough Issue: Work Product in the Insurance Context

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Some readers have asked why Privilege Points have only rarely focused on work product issues in the insurance context. In addition to the sometimes dramatic differences between states’ handling of this issue, a recent case...more

Downey Brand LLP

Godoy v. Linzner and the Lawyer’s Duty to Shut Down a Bad Idea

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Under universally accepted law, across every jurisdiction, lawyers owe vital and concrete duties to their clients.  The duty of confidentiality.  The duty of loyalty.  The duty to disclose.  And, greatest of all, the duty to...more

Array

This Week in eDiscovery: AI Terms of Use Address Legal | Non-Traditional Communications

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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 November 17-23. Here’s what’s...more

McGuireWoods LLP

Another Federal Court Assesses Work Product Protection for Litigant’s Communications with Its Litigation Funder

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With the growth of litigation funding as a mechanism for financing litigation, companies interviewing and ultimately selecting a funder inevitably share work product with them. In such circumstances, courts must assess (1)...more

McDermott Will & Emery

Key Takeaways | Don’t Be Privileged When Asserting Privilege

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This session of the Private Client West Coast Forum 2024 identified common types of privilege, highlighting potential pitfalls to avoid and tools to protect a client’s privileged information. Types of privilege include...more

Adams and Reese LLP

[Webinar] 2024 Legal Ethics Year in Review - December 12th, 12:00 pm CT

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Leading ethics attorneys Lucian Pera, Partner with Adams and Reese, and Trish Rich, Partner with Holland & Knight, return for a free, one-hour review of the most important developments of the last year (or so) in legal ethics...more

Allen Barron, Inc.

How to Prepare for an IRS Audit

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We are often asked how to prepare for an IRS audit. The first and most important thing to know is that speaking directly with the IRS is not in your best interest. IRS Revenue Officers (auditors) are skilled interrogators....more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Preserving Privilege in Internal Investigations

One thing leaders of organizations routinely recognize is that “you never know what tomorrow will bring.” Another common slogan is “life happens.” If “life” happens to bring the organization a situation that could expose the...more

McGuireWoods LLP

Electronic Communications Dramatically Complicate Choice of Law Analysis

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As explained in previous Privilege Points, courts frequently must decide which state’s privilege law applies to communications involving several states. Fed. R. Evid. 501 states that federal courts should apply state law but...more

Allen Barron, Inc.

Is it Too Late to Correct Past FBARs and File Amended Returns with the IRS?

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Is it too late to correct past FBARs and file amended returns with the IRS? The net is closing in on U.S. taxpayers with unreported or under-reported domestic and offshore income and assets. The IRS has increased audits in...more

J.S. Held

Tag-Team Approach to Tackling Fraud

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A phone call comes in from a panicked client, the owner of a small, successful business. Your client was reviewing some financial records – a task usually handled by a long–time and trusted employee – and the client noticed a...more

Jones Day

Germany's Legal Privilege: What In-House Counsel Need to Know

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The Situation: Germany has no direct equivalent to the U.S. attorney-client privilege, but it offers specific legal protections for in-house counsel in certain proceedings....more

Jones Day

France’s Legal Privilege: Only for Attorneys-at-Law and Patent/Trademark Attorneys; Not (yet) In-House Counsel

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In France, unlike for instance in the United States or United Kingdom, the scope of attorneyclient privilege is restricted to attorneys-at-law registered with a bar and acting independently (within an independent law firm or...more

McGuireWoods LLP

Does Disclosing an Attorney-Client Communication Into Another Privileged Relationship Waive That Privilege?

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Although lawyers understandably focus mostly on the privilege that they enjoy when communicating with their clients, other professionals (psychiatrists, clergy) also have privilege protection of one degree or another. Does...more

McGuireWoods LLP

Courts Begin to Address the Work Product Implications of AI

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Courts have been scrambling to catch up with the fast and sometimes unpredictable evolution of lawyers’ use of generative AI. Many if not most courts require lawyers to advise them if they relied on AI in preparing filings...more

Franczek P.C.

PAC Issues Decision Holding Attorney-Client Privilege FOIA Exemption is Not Waived Where Disclosure of Records was Required by Law

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The PAC recently issued a non-binding opinion, finding a school district did not waive the attorney-client privilege where prior disclosures of the requested records were mandated by state law....more

EDRM - Electronic Discovery Reference Model

Is Marking Documents as “Work Product” an Admission that the Duty to Preserve is Triggered?

In Stuart v. County of Riverside, 2024 WL 3086634, at *3 (C.D. Cal. Jun. 14, 2024), the District Court found a relationship between work product designations and triggering of the common-law duty to preserve....more

Reveal

FOIA and Open Records Requests - The Ultimate Guide

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The Freedom of Information Act (FOIA) and similar open records acts allow the public access to records under the control of governmental agencies. These access rights state that public information shall be delivered within a...more

IR Global

AI: Inevitable, but limited

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How should parties seek and agree to ADR, and what advantages does your jurisdiction offer?...more

McGuireWoods LLP

Two Important Courts in Two Days Highlight the Shrinking Risk of Subject Matter Waivers: Part II

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Last week’s Privilege Point noted the Southern District of New York’s privilege expert’s opinion confirming the modern view that an extrajudicial disclosure of a privileged communication normally does not trigger a subject...more

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