Attorney-Client Privilege, Employment Litigation, Privileged Communication

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

McGuireWoods LLP on 7/17/2025

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/3/2025

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

What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

Littler on 2/22/2023

As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the...more

Another Court Analyzes Privilege Protection For Employee-To-Employee Communications

McGuireWoods LLP on 1/9/2020

As a recent Privilege Point noted, the attorney-client privilege can protect employee-to-employee communications: (1) if the employees are gathering facts or formulating questions to inform a lawyer or pose those questions to...more

Employee Use of Company E-mail May be Protected from Company View

Ruder Ware on 7/25/2018

Companies have always taken the position that an employee’s use of company e-mail is not private, and can be accessed and reviewed by the company at any time. There have been a large number of court cases, which have held...more

Attorney-Client Privilege › Employment Litigation › Privileged Communication

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

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

What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

Another Court Analyzes Privilege Protection For Employee-To-Employee Communications

Employee Use of Company E-mail May be Protected from Company View

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