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Attorney-Client Privilege

StoneTurn

Safeguarding Privilege Between Counsel and Investigations and Crisis Communications Consultants

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When a corporate crisis hits, attorneys often bring in investigators and PR consultants to uncover facts and manage reputational risk. But without the right structure, those critical communications may not be protected by...more

Integreon

Best Practices for Cyber Incident Prevention for Law Firms

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In our global, digital-first economy, cyberattacks are no longer isolated incidents targeting large organizations. They are a very real threat to businesses of all types and sizes, and law firms are a common target of cyber...more

WilmerHale

Notable Developments In Massachusetts Law: Business Litigation Session Adopts First Circuit Standard For Subject Matter Waiver Of...

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On July 25, 2025, Superior Court Business Litigation Session Judge Debra A. Squires-Lee issued a significant decision regarding the attorney-client privilege and clarifying the contours of the work product doctrine in...more

Baker Donelson

The Rise of AI and Technological Advancements in the Construction Industry Increases Litigation and Disclosure Risks

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In a rapidly evolving digital age, it is essential for contractors to understand the potential risks when managing voluminous amounts of project data and rolling out new communication platforms to employees. Certain policies...more

Akin Gump Strauss Hauer & Feld LLP

Judicial Committee of the Privy Council Declares the End of the ‘Shareholder Rule’ Regarding Privilege

In a landmark ruling handed down on 24 July 2025 (Jardine Strategic Limited (Appellant) v Oasis Investments II Master Fund Ltd and 80 others (Respondents) No 2 (Bermuda) [2025] UKPC 34), the Judicial Committee of the Privy...more

McGuireWoods LLP

Missouri Supreme Court Railroad Case’s Upjohn Analysis Goes Off the Tracks: Part II

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Last week’s Privilege Point described the Missouri Supreme Court’s understandable conclusion that a railroad employee did not have a personal attorney-client relationship with railroad lawyers who interviewed her about an...more

Cooley LLP

AI Note-Taking: Many Things to Ponder

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AI note-taking is today’s topic du jour. The first thing to know about this topic is that you need to experience it for yourself to see why it’s so attractive. (I’ll run a blog soon summarizing how AI note-taking works in...more

Winstead PC

Presentation: Issues Involving the Attorney-Client Privilege and Trustees in Texas

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The law of trusts originated in equity to evade the constraints of common law; it was a part of property law in which one person held legal title to assets and another held equitable title. The person holding legal title...more

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

Missouri Supreme Court Railroad Case’s Upjohn Analysis Goes Off the Tracks: Part I

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In all but a handful of states, corporations can claim privilege protection for their lawyers’ communications with their employees of any level — as long as the lawyers (1) are gathering facts they need to advise the client...more

Proskauer - Regulatory & Compliance

Seven Questions for Legal and Compliance Before Adopting AI Transcription Services

As businesses accelerate their use of automated tools to record and transcribe meetings, risks are growing. The use of these “AI tools” to transcribe meetings, such as witness interviews, expert network calls, investment...more

Bennett Jones LLP

AI Notetaking in the Legal and Business Context: Does It Risk Confidentiality or Privilege?

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As businesses modernize, many are turning to artificial intelligence (AI) tools to increase productivity and lower costs. One such tool is AI notetaking—automated meeting transcriptions, real-time summaries and searchable...more

Goldberg Segalla

When Lawyers Can Speak: Self-Defense Exception to Confidentiality

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Under Rule 1.6(c)(4) of the Pennsylvania Rules of Professional Conduct — and similar rules in many states — a lawyer may disclose confidential client information “to the extent the lawyer reasonably believes necessary” to...more

McGuireWoods LLP

Another New York Court Finds the “Functional Equivalent Doctrine” Inapplicable 

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A recent Privilege Point described a New York federal court’s rejection of the “functional equivalent” doctrine — under which a nonemployee can be treated as an employee for privilege purposes. More recently, a New York State...more

Lowndes

Deposition Basics: What to Expect and How to Prepare

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As a litigator, I routinely prepare clients for depositions. A deposition is a pre-trial procedure where a party or witness in a legal case provides sworn testimony outside of a courtroom. A lawyer asks questions of the...more

Goodwin

Shareholder Access to Privileged Documents: Views From England and the United States

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In England and the United States, legal professional privilege or attorney-client privilege is considered fundamental to the administration of justice, allowing clients to make confidential, full, and frank disclosure to...more

Goldberg Segalla

Navigating the Non-Profit Boardroom: Best Practices for Defense Counsel in Attorney-Client Relationships

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Introduction - Non-profit boards are the backbone of countless community institutions – from homeowners associations and religious congregations to private schools and arts organizations. Yet, when these boards face...more

Array

This Week in eDiscovery: A Self-Collection Warning | ‘Sufficient to Show’ Requests

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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 June 29-July 5. Here’s what’s...more

McGuireWoods LLP

Litigants Confuse a Common-Interest Agreement With Joint Representation

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The common-interest doctrine sometimes protects as privileged communications between separately represented clients sharing an identical legal interest in ongoing or anticipated litigation. It differs dramatically from a...more

Littler

Can an Employee Claim Retaliation for Whistleblowing When They Were Simply Doing Their Job?

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Assume the following, you ask your company’s in-house counsel to handle a highly sensitive matter involving bribery of foreign officials. The employee is given access to confidential attorney-client privileged information...more

Kerr Russell

Five Tips for Preparing to Testify at a Deposition

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Preparing for a deposition can be challenging whether it is a person’s first or hundredth time testifying under oath. Being questioned frequently causes anxiety. But the experience does not have to be so daunting with...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Two Recent CHRT Rulings Rein in Over-Broad Human Rights Litigation - What Employers Should Know

Employers that defend against human rights complaints often find themselves grappling with pleadings and submissions that wander well beyond the events the complainant experienced. ...more

McGuireWoods LLP

Court Analyzes the “Testamentary Exception” — With a Twist

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Under the aptly named “testamentary exception,” a beneficiary taking under a will can sometimes access communications between the testator and the testator’s lawyer. This exception rests on the understandable concept that the...more

Mayer Brown

Recevabilité des correspondances entre un avocat et son client

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Le Conseil d'État réaffirme l’impossibilité pour l’administration fiscale de se fonder sur des correspondances entre un avocat et son client dans le cadre de procédures de redressement, tout en précisant que cette...more

Array

This Week in eDiscovery: Privilege Log Falls Short on Key Entries

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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 June 15-21. Here’s what’s...more

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