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Confidential Information › Privilege Waivers

McGuireWoods LLP

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

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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

Pietragallo Gordon Alfano Bosick & Raspanti,...

Preserving Privilege in Internal Investigations

Pietragallo Gordon Alfano Bosick & Raspanti,... on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Balancing Act: Sharing Information From an Internal Investigation Without Waiving Privilege

Skadden, Arps, Slate, Meagher & Flom LLP on

A whistleblower has triggered a race against time: An internal inquiry, directed by the audit committee and overseen by external counsel, has been launched in response to allegations that revenue was recorded without proper...more

Hogan Lovells

Employment News: privilege, health and safety, webinar

Hogan Lovells on

Narrow escape - limited waiver of privilege decision upheld In Watson v Hilary Meredith Solicitors Ltd the EAT reaffirmed the correct approach to waiver of privilege. A tribunal was entitled to find that a respondent had...more

Butler Snow LLP

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

Butler Snow LLP on

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

McGuireWoods LLP

Does a Client Risk Privilege Protection by Bringing Her Mother to a Lawyer Meeting?

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Because it is absolute and can hide important facts from easy discovery, the attorney-client privilege is hard to create, narrow, and fragile. Among other things, even friendly third parties' presence can abort privilege...more

Zuckerman Spaeder LLP

Ex-General Counsel Dodged Privilege Claims Before $14.5 Million Verdict

Zuckerman Spaeder LLP on

In our last post, we detailed how Sanford Wadler, the former general counsel of Bio-Rad Laboratories, won a $14.5 million verdict against Bio-Rad. Before Wadler could get to a jury, however, he had to surmount a...more

McGuireWoods LLP

Does Sharing Work Product with the Government Always Waive that Protection?

McGuireWoods LLP on

For decades, companies trying to cooperate with the government have hoped for a change in the general rule that disclosing privileged communications and/or work product to the government waives those protections. In nearly...more

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