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Confidential Information › Discovery › Privileged Communication

McGuireWoods LLP

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

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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

McGuireWoods LLP

Litigation Reserve Estimates: Doctrinal Good News, But Practical Impediments

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Companies facing ongoing or threatened litigation must sometimes estimate their likely or possible financial exposure — for internal purposes, reporting to auditors or other reasons. Depending on the circumstances, one would...more

Kilpatrick

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

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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

Enhancing Security in Law Firms: The Imperative of Multi-Factor Authentication

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In today’s digital age landscape, where 27% of law firms experience security breaches, protecting sensitive client information is paramount for legal professionals. With cyber threats becoming more sophisticated, relying...more

EDRM - Electronic Discovery Reference Model

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

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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

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

McGuireWoods LLP

Can Now-Adverse Former Corporate Directors Access Their Old Corporate Files?

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One glaring disagreement among state courts involves former corporate directors' right to access documents they possessed when they served as directors. Common sense might lead one to think that directors enjoyed access when...more

BCLP

High Court upholds privilege claim, despite “deceptive” litigation tactics

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A recent High Court appeal decision in Ahuja Investments Limited v (1) Victorygame Limited and (2) Surjit Singh Pandher has permitted a creative, yet deceptive, litigation strategy by a claimant seeking to withhold...more

Butler Snow LLP

Really? I Shouldn’t Bring My BFF to My Lawyer’s Office?

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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

Nutter McClennen & Fish LLP

What’s the Purpose of it All? Determining Invention Disclosure Privilege

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Invention disclosures made by an inventor to an attorney, or a review committee including attorney(s), often contain sensitive information that a client would prefer to keep confidential. It is important for both inventors...more

Poyner Spruill LLP

The Common Interest Doctrine: Lessons on avoiding an inadvertent waiver of the attorney-client privilege

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Most lawyers are familiar with the general rule that a client waives the attorney-client privilege by disclosing the privileged information to third parties. The common interest doctrine, however, provides an exception to...more

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