News & Analysis as of

Attorney-Client Privilege United Kingdom Privileged Communication

BCLP

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

BCLP on

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

BCLP

Disputes in Focus: Quick Q&A on Legal Privilege in Group Litigation

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Legal professional privilege is a key issue in any litigation or investigation and each year the courts determine many disputes over its application. It can become less straightforward to manage and protect in multi-party or...more

Hogan Lovells

Your secret is safe with me - CJEU extends Legal Professional Privilege under EU law

Hogan Lovells on

In December 2022, the Court of Justice of the European Union (“CJEU”) made a preliminary ruling which will herald a significant, and welcome, impact on the treatment of lawyer-client communications by the EU courts. The...more

BCLP

UK HR Two Minute Monthly - September 2021

BCLP on

Legal professional privilege, litigation advice privilege, iniquitous principle, unfair dismissal, right to appeal, unlawful protection from wages claim, income protection payments - EAT concludes that an email sent prior...more

Latham & Watkins LLP

English Legal Advice Privilege Can Apply to Communications With Foreign Lawyers

Latham & Watkins LLP on

High Court holds that English law legal advice privilege can extend to such communications regardless of whether or not the lawyers are in-house practitioners. In PJSC Tatneft v Gennady Bogolyubov & Ors.,[i] the English...more

WilmerHale

SFO Director Attacks Privilege Ahead of Corporate Guidance on Cooperation

WilmerHale on

The Director of the UK Serious Fraud Office (SFO), Lisa Osofsky, has promised to provide companies with concrete guidance on cooperation with the SFO. Based on her recent comments, this guidance is likely to encourage...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - January 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including DOJ guidance on the use of corporate monitors in criminal...more

A&O Shearman

In-house counsel emails not privileged

A&O Shearman on

Emails between an in-house counsel and an employee, gathering information to provide to external lawyers, were not protected by legal advice privilege. The decision illustrates (a) how difficult it will be for internal fact...more

A&O Shearman

What is "evidence" of a privileged communication?

A&O Shearman on

Legal advice privilege attaches not just to those communications between lawyer and client which have as their purpose the giving or receiving of legal advice, but also extends to material which “evidences” the substance of...more

Moore & Van Allen PLLC

Protection for Investigation Materials Remains in the Eye of the Beholder

Moore & Van Allen PLLC on

One of the most problematic questions facing companies simultaneously undergoing a review by external counsel and responding to a government inquiry is whether the information shared with or created by counsel will be...more

Hogan Lovells

Privilege Overview

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Any recorded communication (for example: e-mails, recorded phone conversations (including voicemails), letters, memoranda, computer records etc) may have to be produced to the other party in a subsequent legal dispute or...more

Eversheds Sutherland (US) LLP

Partnering Perspectives - Summer 2017

As we implement the Eversheds Sutherland combination and expand our ability to serve clients around the globe, our US and international teams are working together to analyze issues impacting clients doing business in multiple...more

Zelle  LLP

Important Decision Impacting Waiver of Attorney-Client Privilege

Zelle LLP on

In a recent opinion issued in the matter of Certain Underwriters at Lloyd's London v. Nat'l R.R. Passenger Corp., No. 14-CV-04717 FB CLP (E.D.N.Y. Feb. 19, 2016), the Eastern District of New York held that communications from...more

WilmerHale

Divisional Court Confirms Lawfulness of SFO Procedures for Isolating Privileged Material

WilmerHale on

On 27 January, the Divisional Court in R (McKenzie) v Director of the Serious Fraud Office [2016] EWHC 102 (Admin) confirmed the lawfulness of the SFO’s procedures for dealing with material potentially subject to legal...more

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