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Waivers Attorney-Client Privilege

Ward and Smith, P.A.

Think Twice — Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release

Ward and Smith, P.A. on

Imagine that your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business torts. The news of the lawsuit has been reported in various...more

Jenner & Block

Protecting Confidential Legal Information Introduction

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1. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only...more

Fox Rothschild LLP

FLSA Privilege Cases Show Employers Cannot Have Their Cake And Eat It!

Fox Rothschild LLP on

Naturally, lawyers give employer clients advice about the legality of their compensation practices, including who and who is not an independent contractor. Sometimes, an employer defendant will want to use the advice given...more

Snell & Wilmer

Want to Get the Most Out of Your Contract? Use It!

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Many an initial construction dispute attorney-client conference sounds like this: Client: “I have a contract dispute with my [owner/design professional/contractor/subcontractor].” Attorney: “Ok, what does your contract say?”...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

Rumberger | Kirk

Protecting Attorney-Client Privilege and Attorney Work-Product During Internal Investigations

Rumberger | Kirk on

Suppose your company suspects an employee broke the law, perhaps even using company property to do so. The company decides to conduct an internal investigation. If your company is sued because of the employee’s conduct,...more

King & Spalding

Cooperation Credit and Attorney-Client Privilege: The Implications of Coburn

King & Spalding on

Cognizant Technology’s Privilege Waiver - On February 1, 2022, the District of New Jersey ordered a company to produce internal investigation materials to two former executives indicted in connection with an alleged foreign...more

King & Spalding

US/UK Investigations Comparative Note

King & Spalding on

King & Spalding’s April Client Alert provided an overview of and practical advice related to issues that an employer should consider before conducting an internal investigation in the United Kingdom: privilege, privacy,...more

Fox Rothschild LLP

A Quick Lesson For Schools: Safekeeping Attorney-Client Confidentiality

Fox Rothschild LLP on

Preparing for the 2020-2021 school year has required Pennsylvania school districts to consider novel, challenging and evolving legal guidance at breakneck pace. As districts develop and adapt their reopening plans to changing...more

BCLP

PCP v Barclays: English High Court Clarifies What Constitutes A Waiver of Privilege. The Answer - It All Depends...

BCLP on

The Commercial Court has held that a bank waived privilege in all contemporaneous communications with its lawyers relating to particular transactions, as the bank had referenced and deployed certain documents containing legal...more

Holland & Knight LLP

The Reasonable-Basis Defense: Waiver of Attorney-Client Privilege?

Holland & Knight LLP on

This Holland & Knight alert is not focused on the structured trust advantaged repackaged securities (STARS) transaction or the economic substance doctrine, which were the primary issues before the U.S. Court of Appeals for...more

Troutman Pepper

Evaluating Stand-Alone Privilege for Cybersecurity Info

Troutman Pepper on

With cybercrime on the rise, organizations have increasingly found themselves subject to litigation or regulatory investigations related to breaches. Documents and information created before breaches, such as security...more

Troutman Pepper

Pennsylvania Expands Attorney Work-Product Protection for Disclosures to Third Parties

Troutman Pepper on

The Pennsylvania Supreme Court has adopted a new, expanded standard for preserving the protections of the attorney work-product doctrine, codified at Pennsylvania Rule of Civil Procedure 4003.3. This decision has implications...more

Allen Matkins

Does Disclosure Of Results Of Internal Investigation Constitute Subject Matter Waiver?

Allen Matkins on

Last Friday, I wrote about one of the docketed appeals in Wynn Resorts, Limited v. Eight Jud. Dist. Ct., 41 Nev. Adv. Op. 52 (2017). Today’s post concerns the other docketed appeal in that case. This appeal addressed...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The E-Discovery Digest - June 2016"

The fourth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, cost shifting and other e-discovery issues....more

Hinshaw & Culbertson LLP

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June 2016

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862...more

Morris James LLP

Court Of Chancery Clarifies Privilege Waiver And Redaction Rules

Morris James LLP on

This an excellent review of the scope of a waiver of the attorney client privilege and it harmonizes conflicting prior decisions. It also is a good outline of what must be in a redaction log....more

WilmerHale

Preserving the Corporate Privilege in Internal Investigations: DC Circuit Clarifies Scope of the Privilege in Important Series of...

WilmerHale on

For the second time in just over a year, the DC Circuit granted the extraordinary remedy of a writ of mandamus to protect a company’s assertion of privilege over materials relating to an internal investigation. In a...more

Brooks Pierce

Who Bears The Burden Of Proving Waiver Of Attorney-Client Privilege?

Brooks Pierce on

This week, in an Opinion in Safety Test & Equipment Co. v. American Safety Utility Corp., 2014 NCBC 40, Judge Gale made a significant ruling on which party bears the burden of proof in showing a waiver of the attorney-client...more

Snell & Wilmer

Nevada Supreme Court Reaffirms and Clarifies Sands Corp. Decision on Waiving Attorney-Client Privilege and the Work-Product...

Snell & Wilmer on

Recently, we released a legal alert discussing the Nevada Supreme Court’s decision in Las Vegas Sands Corp. v. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 13 (February 27, 2014), which addressed the intersection of NRS 50.125...more

Cozen O'Connor

Coverage Opinions Remain Privileged in Bad Faith Action Even Where Gist of Recommendation is Set Forth in Letter to Insured

Cozen O'Connor on

As a matter of first impression, the Supreme Court of West Virginia recently held that coverage opinion letters were protected by the attorney-client privilege even though the insurer subsequently sent correspondence to its...more

Snell & Wilmer

Nevada Privilege Law May Be Inadvertently Waived During Witness Preparation

Snell & Wilmer on

It is common for a witness to refer to documents when testifying in order to refresh the witnesses’ recollection. NRS 50.125 requires disclosure of any writing used to refresh a witness’ recollection before or while...more

Latham & Watkins LLP

What To Do When You Are Served With a Search Warrant

Latham & Watkins LLP on

In recent years, state and federal law enforcement agencies continue to increase their investigation and prosecution of white collar crime, particularly relating to the securities and healthcare industries. The search warrant...more

Saul Ewing LLP

Bad Faith Sentinel - October 2013

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In This Issue: - Wisconsin Court of Appeals: Insurer Does Not Commit Bad Faith by Refusing to Pay the Undisputed Portion of an Insured’s Claim Where the Policy Does Not Require Payment - Southern District of...more

Allen Matkins

No Directors, No Officers, No Employees And No Agents – Now What?

Allen Matkins on

Occasionally, a corporation may find itself with no directors and no management. Yet, the corporation does not cease to exist. One might wonder what use can there be in a corporation deprived of head and limb. In...more

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