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Appellate Courts › Attorney-Client Privilege

BCLP

Legal Privilege - the King has been advised - the Shareholder Rule no longer applies under English Law

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Yesterday in a landmark decision, Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and others, the Privy Council, on appeal from Bermuda’s Court of Appeal, has changed the law....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

WilmerHale

2024 Year in Review: Data Breach Litigation

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One of the main risks for a company in the event of a data breach is the threat of litigation. Data breach litigation continued to proliferate in 2024, as it has in prior years....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

Proskauer - Minding Your Business

New York’s Court of Appeals Holds Some Internal Training Materials Are Privileged

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The New York Court of Appeals recently clarified and reinforced the attorney-client privilege, explaining that certain internal training materials reflecting legal analysis of statutory, regulatory, and decisional law...more

ArentFox Schiff

Illinois Appellate Court Declines to Extend Crime-Fraud Exception To Defamation Claims

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Allegations of defamation and conspiracy to defame alone are insufficient to establish the crime-fraud exception and defeat the attorney-client privilege, the Illinois Appellate Court recently held. In MacDonald v....more

Greenbaum, Rowe, Smith & Davis LLP

Appellate Division Reaffirms Well-Settled Precedent in Refusing to Assume Attorney-Client Privilege for Individual Shareholders in...

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Generally speaking, attorney-client privilege protects against the disclosure of confidential communications between a client and a lawyer that are related to the provision of legal advice or assistance. A recent New Jersey...more

McDermott Will & Emery

Supreme Court Punts on Attorney-Client Privilege Question

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In a surprising move, the Supreme Court of the United States (SCOTUS) dismissed a dispute involving the proper test to apply when determining whether an unnamed law firm’s mixed bag of communications involving both legal...more

Littler

Littler Lightbulb: Labor & Employment Appellate Roundup

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This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court. On October 3, the Justices agreed to hear In re Grand...more

Pullman & Comley, LLC

Voluntary Disclosure of a Communication with Counsel: The CT Appellate Court Recognizes “Subject Matter” Waiver

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Accordingly, we hold that the voluntary disclosure of a privileged attorney-client communication constitutes a waiver of the privilege as to all other communications concerning the same subject matter when the trial court...more

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