News & Analysis as of

Confidential Information Attorney-Client Privilege

Goldberg Segalla

When Lawyers Can Speak: Self-Defense Exception to Confidentiality

Goldberg Segalla on

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

Herbert Smith Freehills Kramer

Handy client guide to privilege

We have published a client guide to legal professional privilege under English law. This guide comprises: A decision tree: intended as a quick reference to help determine which documents can legitimately be withheld on...more

McGuireWoods LLP

HR Director Repeatedly Reads Lawyer-Drafted Statement to Investigation Target: Waiver?

McGuireWoods LLP on

Internal human resources investigations often generate numerous privilege and waiver issues. One recent case assessed a common scenario — raising a scary possibility, but then coming to the right conclusion....more

Schwabe, Williamson & Wyatt PC

Practicing Law in the Pacific Northwest: Client Confidentiality

Maintaining client confidentiality is a cornerstone of practicing law, and it is also essential to preserving trust and maintaining professionalism. Unfortunately, many lawyers forget or are not aware of the breadth of their...more

Akin Gump Strauss Hauer & Feld LLP

District Court: Common Interest May Protect Communications with Third Parties from Discovery, but Not Always

The District of Delaware recently denied in part a motion to compel production of documents and testimony between a patentee and potential investors, valuation firms and an international bank based on the common interest...more

McGuireWoods LLP

What If an Adversary Subpoenas Your Client’s Privileged Documents That Are in Someone Else’s Possession?

McGuireWoods LLP on

Litigation adversaries often trigger privilege and work product disputes when they seek each other’s documents. But what if your client’s adversary subpoenas a third party holding your client’s privileged documents — whose...more

Flaster Greenberg PC

Why Do I Need a Lawyer if I Have ChatGPT?

Flaster Greenberg PC on

Artificial intelligence has seen rapid advancements, including large language models and chatbots that understand and respond to questions using aggregated information. While mostly everyone is familiar with ChatGPT and some...more

TransPerfect Legal

Preserving Attorney-Client Privilege in the Era of Generative AI: Essential Guidance for Lawyers

TransPerfect Legal on

As legal practices increasingly adopt generative AI (GenAI) technologies, protecting attorney-client privilege and client confidentiality has become a pressing concern. Recent data reveals that 81% of in-house counsel worry...more

Husch Blackwell LLP

Why a Sorority’s Interview Notes Didn’t Stay Private: Lessons in Legal Privilege

Husch Blackwell LLP on

Not everything stamped “privileged” is safe from prying eyes. The Pennsylvania Superior Court recently ruled that interview notes compiled by a sorority’s leadership after a tragic incident were not shielded by...more

Venable LLP

Communicating in a Crisis: Tips for Protecting Communications When It Matters Most

Venable LLP on

As recent high-profile litigation, government investigations, and large-scale data-security incidents have shown, organizations are often thrust into crisis mode, requiring rapid responses and close collaboration with third...more

McGuireWoods LLP

Another Decision Spawned by Ethical Scandal Highlights Wisdom of Considering All Evidentiary Protections

McGuireWoods LLP on

In the aftermath of the soap opera-like ethical scandal over an undisclosed romantic relationship between a Jackson Walker partner and a Texas bankruptcy judge, an Oregon federal court dealt with discovery of a renowned...more

Goldberg Segalla

The Corporate Client: You’re My Lawyer, Right?

Goldberg Segalla on

The ABA recently provided insight for attorneys who represent corporate clients. While that engagement is often limited to an attorney’s duty to the organization, there is a very real risk that the organization’s members –...more

Minerva26

Privilege Log, Privilege Log — It’s All About the Description

Minerva26 on

A privilege log is the absolute bane of an attorney’s existence. I don’t mean it isn’t important and a critical component of discovery, but the level of planning, analysis and detail required to complete such a log is...more

Alston & Bird

Collaborating Effectively Within Your Organization During Internal Investigations

Alston & Bird on

Our White Collar, Government & Internal Investigations Team offers effective and actionable best practices for companies to follow in conducting their internal investigations....more

Array

This Week in eDiscovery: AI Terms of Use Address Legal | Non-Traditional Communications

Array on

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 November 17-23. Here’s what’s...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Preserving Privilege in Internal Investigations

One thing leaders of organizations routinely recognize is that “you never know what tomorrow will bring.” Another common slogan is “life happens.” If “life” happens to bring the organization a situation that could expose the...more

Jones Day

French Supreme Court Adopts a Restrictive Conception of Attorney-Client Privilege

Jones Day on

A decision handed down by the French Court of Cassation may affect the scope of attorney-client privilege in France....more

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - December 16th - 17th, 8:00 am - 5:00 pm CT

Handle investigations with confidence - Effective compliance programs rely on effective investigators to follow up on reports and identify potential gaps that need attention. If you are a new or future investigator or are...more

Fishman Haygood LLP

Ethical Rules for Using Generative AI in Your Practice

Fishman Haygood LLP on

At the risk of stating the obvious, we are still in the early days of what we believe to be an “AI Revolution” in the way that goods and services, including legal services, are and will be provided. That means that we do not,...more

Carr Maloney P.C.

Can Chat-GPT Be My Co-Counsel? The Rise of AI and Its Implication on the Attorney-Client Relationship

Carr Maloney P.C. on

We are halfway through 2024 and one thing is clear: the “AI” marketing is booming. Nvidia, the software company dubbed the “artificial intelligence titan,” has a market cap of over $3 trillion and recently issued a 10-for-1...more

Pullman & Comley - Labor, Employment and...

Your Attorney Cannot Always Shield You From the FOIA

Clients sometimes include me on communications merely to protect themselves from Connecticut’s Freedom of Information Act (FOIA), believing that anything sent to me is automatically covered by the attorney-client privilege. ...more

Kilpatrick

The Attorney-Client Privilege: The Corporate Communication Conundrum – Part II

Kilpatrick on

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

EDRM - Electronic Discovery Reference Model

Generative AI for Smart Discovery Professionals: An Introduction to Large Language Models – Second Edition

In November of 2022, ChatGPT upended our thinking about artificial intelligence with a new form of machine learning called Generative AI (GenAI). Since then, discussions about GenAI models like GPT have taken center stage in...more

Jenner & Block

Protecting Confidential Legal Information Introduction

Jenner & Block on

1. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only...more

Proskauer - Minding Your Business

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

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

205 Results
 / 
View per page
Page: of 9

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide