News & Analysis as of

Corporate Communications Attorney-Client Privilege

WilmerHale

Preparing for Securities Litigation: Strategic Coordination with Crisis Response

WilmerHale on

When a public company confronts a crisis, whether stemming from regulatory scrutiny, operational setbacks, or some other unfortunate development, securities litigation exposure materializes rapidly. ...more

Smith Anderson

N.C. Business Court Strengthens a Company’s Ability to Assert the Attorney-Client Privilege in Disputes with Officers and...

Smith Anderson on

With its origins in the 16th century, the attorney-client privilege is one of the oldest doctrines in our common law tradition. Even so, new issues do arise, like in the North Carolina Business Court case Hosie v. 8 Rivers...more

A&O Shearman

Supreme Court Considers Test For Application Of Attorney-Client Privilege To So-Called “Dual-Purpose” Communications

A&O Shearman on

On January 9, 2023, the United States Supreme Court heard oral argument in In re Grand Jury, No. 21-1397, a case with potentially far-reaching implications concerning the application of the attorney-client privilege to...more

Bailey & Glasser, LLP

“If It Ain’t Broke, Don’t Fix It” - SCOTUS Examines Expanding the Attorney-Client Privilege for Dual Purpose Communications

Bailey & Glasser, LLP on

The Supreme Court is currently considering a case that could expand the scope of the attorney-client privilege in the context of dual-purpose communications – such as, in this case, communications made to a law firm that also...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court to Assess Attorney-Client Privilege When Legal and Business Advice Intertwine

The attorney-client privilege protects confidential communications between clients and their attorneys made for the purpose of obtaining or providing legal advice. In Upjohn Co. v. United States, a seminal 1981 decision...more

Cozen O'Connor

Attorney-Client Privilege Can Protect Multi-Purpose Corporate Communications

Cozen O'Connor on

A question that has vexed corporate litigants is whether communications between counsel (be it in-house or outside counsel) and a corporation’s employees are protected from discovery under the attorney-client privilege if...more

Gray Reed

Is Your Company Email to Santa Protected?

Gray Reed on

Frazzled by the incessant demands for her company Acne Brick’s financial records from her husband’s divorce lawyer Ditcher Quick, company president Annie Acne was wondering what her next maneuver might be when her Information...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The E-Discovery Digest - June 2016"

The fourth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, cost shifting and other e-discovery issues....more

McGuireWoods LLP

How Do Courts Apply the "Primary Purpose" Privilege Standard?: Part II

McGuireWoods LLP on

Last week's Privilege Point described a court's rejection of an in-house lawyer's affidavit swearing that a client's employees' communications to him sought legal advice. FTC v. AbbVie, Inc., Civ. A. No. 14-5151, 2015 U.S....more

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