News & Analysis as of

Attorney-Client Privilege Witnesses

Kerr Russell

Moving Past Lights and Sirens: Considerations at the Outset of a Corporate Investigation

Kerr Russell on

The exigent circumstances that are often present at the outset of a corporate investigation may not lend themselves to calm contemplation, yet it is especially important that attorneys give thoughtful consideration to the...more

Latham & Watkins LLP

High Court Confirms Nuanced Approach to Waiver of Privilege

Latham & Watkins LLP on

A recent decision reminds litigants about the dangers of referring to legal advice in witness statements. The English courts have recently taken an expansive approach in finding waivers of privilege when legal advice is...more

Jackson Lewis P.C.

To Be (Discoverable), or Not to Be: Notetaking During an Attorney’s Internal Investigation

Jackson Lewis P.C. on

Introduction- Picture this: you are on-site at a new client’s headquarters for a weeklong hostile work environment investigation into several internal complaints made against the CEO and CFO. This is the first engagement...more

Snell & Wilmer

The Apex Rule and Protecting Your Client’s Management Team When Conducting Deposition Discovery

Snell & Wilmer on

The Federal Rules of Civil Procedure liberally enable parties to seek relevant information in discovery that may be helpful in the preparation and trial of a case. While the liberal scope of discovery permitted by the...more

McGuireWoods LLP

Privilege Protection for Deposition-Break Communications: It’s Complicated

McGuireWoods LLP on

Some court rules explicitly prohibit communications between a deposition witness and her lawyer during a deposition break, except to discuss whether to assert a privilege objection to a pending question. See, e.g., Local Civ....more

Latham & Watkins LLP

Don’t Waive Privilege Goodbye: High Court Finds Reliance On Legal Communications Constitutes Waiver Of Privilege

Latham & Watkins LLP on

Litigants should take particular care when drafting witness statements to avoid waiving privilege. In Guest Supplies Intl Limited v South Place Hotel Limited, D&D London Limited[i], the UK High Court held that a reference...more

Akin Gump Strauss Hauer & Feld LLP

Congressional Investigations Alert - October 2017

House Passes Resolution to Expand Congressional Subpoena Power and Demand Extraordinary Compliance from its Targets - Yesterday, the House passed a bill that could expand Congress’s investigative authority and...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Disqualifies Attorney Acting in a Dual Role Pursuant to Advocate-Witness Rule

In a recent decision, Justice Lawrence S. Knipel in the Commercial Division ordered an attorney to comply with a non-party subpoena and disqualified the same attorney from representing her client in the action pursuant to the...more

BCLP

The A++ Forms and Resources–Defending Depositions, Prepping Your Witness, Practical Tips and Key Errors to Avoid

BCLP on

Editor’s Note: Ok, we know, this is waaaay to long for a blog post. But this is just too good not to share! In our continuing effort to avoid re-inventing the wheel, getting the easy stuff down to checklists, and helping...more

Holland & Knight LLP

New York Appellate Division Strongly Supports In-House Law Firm Privilege Claim

Holland & Knight LLP on

In Stock v. Schnader Harrison Segal & Lewis, 2016 WL 3556655 (N.Y. App. Div. 2016), the First Judicial Department of the New York Appellate Division upheld, in a case involving a former law firm client seeking to sue the...more

McGuireWoods LLP

The D.C. Circuit Issues Another Privilege-Friendly Decision: Part I

McGuireWoods LLP on

In 2014, the D.C. Circuit adopted a very favorable privilege standard — protecting communications if "one significant . . . purpose[]" was corporations' need for legal advice, even if that was not the communications' "primary...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - June 2015

In This Issue: - - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure - Spoliation and Preservation Decisions: ..Sanctions...more

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