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Confidential Information › Attorney-Client Privilege › Privileged Documents

Herbert Smith Freehills Kramer

Handy client guide to privilege

Herbert Smith Freehills Kramer on

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

Blake, Cassels & Graydon LLP

Is Privilege Waived When Cooperating with a Police Investigation?

Blake, Cassels & Graydon LLP on

As Justice Tyndale once stated in a decision rendered by the Quebec Court of Appeal (QCA), "It is common sense that a secret once revealed is a secret no longer." This adage has since been widely used in support of the...more

Esquire Deposition Solutions, LLC

Litigation Experts Encourage Wider Use of Privilege Protection Orders

Esquire Deposition Solutions, LLC on

Federal litigators aren’t taking sufficient advantage of 2008 amendments to Federal Rule of Evidence 502, which gives them the authority to obtain protective orders that can stem the damage from inadvertent disclosure of...more

McGuireWoods LLP

Does The Privilege Protect Internal Corporate Training Manuals?

McGuireWoods LLP on

Because the attorney-client privilege ultimately rests on clients' request for legal advice about facts they give their lawyers, most courts extend privilege protection to those communications and to lawyers' specific legal...more

McGuireWoods LLP

Who Owns the Privilege?: Part I

McGuireWoods LLP on

Courts analyzing the attorney-client privilege's ownership rights necessarily determine the privileged documents' physical possession, as well as authority to assert and waive the privilege. Not surprisingly, such dispositive...more

Farella Braun + Martel LLP

What’s Privilege Got to Do With It? Practical Tips for Managing Bank Regulators Access to Attorney-Client Privileged Information

Farella Braun + Martel LLP on

The attorney-client privilege, which prohibits the compelled disclosure of confidential communications between an attorney and their client, is enshrined in common law and statutory codes across the country. See, e.g., Cal....more

Genova Burns LLC

“Burn Files” and Employee Self-Help: Effective Policies Protect Documents Wrongfully Taken by Former Employee

Genova Burns LLC on

A New Jersey appellate court recently upheld the disqualification of a former employee’s attorneys in a whistleblower claim against his former employer, because the employee had improperly taken documents containing...more

Butler Weihmuller Katz Craig LLP

Inadvertent Disclosure of Privileged Documents? Some Suggested Steps after the Initial Panic!

Butler Weihmuller Katz Craig LLP on

In the event of an inadvertent disclosure of documents (electronic or otherwise), an attorney is ethically obligated to promptly notify the sender of the attorney’s receipt of the documents. It is then up to the sender to...more

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