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Attorney-Client Privilege

Mandelbaum Barrett PC

Attorney Withdrawal in High-Profile Cases: Examining the Motion to Withdraw in Sean Combs’ Legal Defense

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On February 21, 2025 a notable development emerged in the legal proceedings involving Sean “P. Diddy” Combs. Attorney Anthony Rico, one of the legal counselors representing Combs, filed a motion to withdraw as counsel. Given...more

McGuireWoods LLP

Clients Lose Some, Win Some – Two Courts Assess the Common Interest Doctrine on Same Day: Part I

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The common interest doctrine can sometimes protect as privileged communications between separately represented clients who share an identical legal interest in litigation, or in anticipation of litigation. But satisfying this...more

McGuireWoods LLP

Court Confirms Basic Privilege Principles in Giving Princeton a Win

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Because litigants frequently take an aggressive approach when withholding documents on privilege grounds, courts’ in camera reviews often result in a loss for them. But sometimes courts agree with a litigant’s privilege...more

Zelle  LLP

Balancing Discovery and Protecting the Attorney-Client Privilege In the Insurance Coverage Context

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A recent case out of Colorado highlights the continued attack on the attorney-client privilege during the claim adjustment process. In In re: Hill Hotel Owner, LLC v. Hanover Insurance Company, 557 P.3d 798 (Colo. Oct. 29,...more

McGuireWoods LLP

What If an Adversary Subpoenas Your Client’s Privileged Documents That Are in Someone Else’s Possession?

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Litigation adversaries often trigger privilege and work product disputes when they seek each other’s documents. But what if your client’s adversary subpoenas a third party holding your client’s privileged documents — whose...more

Flaster Greenberg PC

Why Do I Need a Lawyer if I Have ChatGPT?

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Artificial intelligence has seen rapid advancements, including large language models and chatbots that understand and respond to questions using aggregated information. While mostly everyone is familiar with ChatGPT and some...more

McGuireWoods LLP

How Does Work Product Protection Apply to Lawyers’ Witness Interview Notes? Two Courts Disagree on the Same Day: Part II

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Last week’s Privilege Point described a court’s review of a lawyer’s conversation with a witness and its conclusion that none of the conversation deserved the heightened opinion work product protection. LaBudde v. Phoenix...more

EDRM - Electronic Discovery Reference Model

[Webinar] How to Get AI Benefits Without Getting Into Trouble - March 19th, 1:00 pm - 2:00 pm ET

Artificial intelligence (AI) is transforming how organizations approach eDiscovery and internal investigations, offering faster insights and improved efficiency. However, integrating AI into legal workflows comes with...more

TransPerfect Legal

Preserving Attorney-Client Privilege in the Era of Generative AI: Essential Guidance for Lawyers

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As legal practices increasingly adopt generative AI (GenAI) technologies, protecting attorney-client privilege and client confidentiality has become a pressing concern. Recent data reveals that 81% of in-house counsel worry...more

Epstein Becker & Green

Even Privilege Logs Can Be Privileged Under the Fifth Amendment

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On January 28, 2025, the U.S. Court of Appeals for the Ninth Circuit issued a significant ruling reinforcing the Fifth Amendment’s protection against self-incrimination and clarifying the attorney-client privilege in the...more

EDRM - Electronic Discovery Reference Model

Another Approach to Drafting and Discovery of Litigation Hold Notices

By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more

McGuireWoods LLP

Can an Entity’s Owners Access Its Privileged Communication?

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An entity’s minority shareholders or partners obviously look to the entity’s governance documents when assessing their rights and obligations. On the privilege front, minority owners sometimes aggressively seek the entity’s...more

Jackson Lewis P.C.

[Event] Workplace Horizons 2025 - April 30th - May 2nd, New York, NY

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The leading educational and networking conference — from the premier firm for employment + labor law - Join us at Workplace Horizons 2025, where attorneys, in-house counsel and HR leaders come together to share and solve...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - February 2025 #3

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Kansas State baseball player Cary Arbolida became the latest former JUCO athlete to file a lawsuit against the NCAA. He played three years of JUCO ball – including the COVID-impacted 2020 campaign – before spending the last...more

Kramer Levin Naftalis & Frankel LLP

Second Circuit Affirms Order Compelling Disclosure of Attorney-Client Communications Subject to the Crime-Fraud Privilege...

On Feb. 7, 2025, the U.S. Court of Appeals for the Second Circuit in In re Two Grand Jury Subpoenas Dated Sept. 13, 2023 affirmed the Southern District of New York’s order compelling a partner at a law firm and the firm to...more

BCLP

Crime-Fraud Exception Destroys Privilege for Communications Between Former CEO of Public Company and His Outside Lawyer

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On February 7, 2025, the Second Circuit ruled that the crime-fraud exception would prevent the  former CEO of a public company from invoking attorney-client privilege to prevent an outside lawyer and his law firm from...more

McGuireWoods LLP

Assessing Privilege Protection for Training Materials and Presentations: Part I

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Lawyers and non-lawyers frequently train their corporate colleagues. Determining any applicable attorney-client privilege or work product protections can implicate a number of variables....more

Husch Blackwell LLP

Why a Sorority’s Interview Notes Didn’t Stay Private: Lessons in Legal Privilege

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Not everything stamped “privileged” is safe from prying eyes. The Pennsylvania Superior Court recently ruled that interview notes compiled by a sorority’s leadership after a tragic incident were not shielded by...more

Venable LLP

Communicating in a Crisis: Tips for Protecting Communications When It Matters Most

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As recent high-profile litigation, government investigations, and large-scale data-security incidents have shown, organizations are often thrust into crisis mode, requiring rapid responses and close collaboration with third...more

Array

This Week in eDiscovery: Nonprivileged Documents Attached to Privileged Communications | New Social Media Frontiers

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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 January 19-25. Here’s what’s...more

McGuireWoods LLP

Another Decision Spawned by Ethical Scandal Highlights Wisdom of Considering All Evidentiary Protections

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In the aftermath of the soap opera-like ethical scandal over an undisclosed romantic relationship between a Jackson Walker partner and a Texas bankruptcy judge, an Oregon federal court dealt with discovery of a renowned...more

Goldberg Segalla

The Corporate Client: You’re My Lawyer, Right?

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The ABA recently provided insight for attorneys who represent corporate clients. While that engagement is often limited to an attorney’s duty to the organization, there is a very real risk that the organization’s members –...more

McGuireWoods LLP

Why Doesn’t the Crime-Fraud Exception More Frequently Swallow the Attorney-Client Privilege?

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Criminal defendants accused of white-collar crimes often deal with lawyers before and even while engaged in their alleged criminal misconduct. All or most lawyers have the vague notion that the attorney-client privilege can...more

EDRM - Electronic Discovery Reference Model

Tailor FRE 502(d) Orders to the Case

Having taught Federal Rule of Evidence 502 (FRE 502) in my law classes for over a decade, I felt I had a firm grasp of its nuances. Yet recent litigation where I serve as Special Master prompted me to revisit the rule with...more

Snell & Wilmer

Arizona Court of Appeals Clarifies Proper Scope of Deposition Questioning and Gives Litigants Early Look at New Special Action...

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The Arizona Court of Appeals recently held that in a deposition, a party must answer any relevant, non-harassing question, unless the answer is privileged. Attorneys are on notice that sanctions are fair game if they instruct...more

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