What's the Tea in L&E? Can You Share An Employee's Medical Info?
Attorney-client privilege is one of the most important protections in the legal system. Its powerful legal protection allows clients to speak freely and candidly with their attorneys without fear that their communications...more
When a client seeks legal advice from a lawyer, the confidential communications between them, which are made for the sole or dominant purpose of seeking and receiving legal advice, are protected by legal professional...more
As anyone faced with discovery requests knows, one of the most important parts of producing documents is determining what documents are subject to attorney-client privilege or work product doctrine and must therefore be...more
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
Adversaries often challenge each other’s privilege calls in the thick of litigation, and sometimes those challenges are elevated to a court’s in camera review. In Governo Law Firm LLC v. CMBG3 Law LLC, et al., Judge Salinger,...more
The Pagliara divorce has given us much to talk about. In “Sex, Lies, (Drugs) and Videotape … and Malicious Prosecution”, we discussed the dismissal of Husband’s malicious prosecution claims against Wife’s former divorce...more
Confidentiality is fundamental to the client-lawyer relationship. Are you talking to your lawyer within earshot of a family member or a third person? Are you talking to your lawyer within earshot of a listening device?...more
In most states, it is fairly clear that attorney-client privilege does not apply to communications between an employee and the employee's personal lawyer if the communications are made using the employer's email system and if...more
The Oregon Supreme Court holds that law firms can avail themselves of attorney-client privilege for in-house communications to the same extent as all other entities with in-house counsel. This is so even if the party...more