News & Analysis as of

Corporate Counsel Attorney-Client Privilege

Woods Rogers

Sixth Circuit Protects Corporate Internal Investigations

Woods Rogers on

In a notable victory for corporations, the U.S. Court of Appeals for the Sixth Circuit issued a critical ruling in In re: FirstEnergy Corporation that strengthens the protections of the attorney-client privilege and...more

Foley & Lardner LLP

Sixth Circuit Affirms Attorney-Client Privilege and Work-Product Protection over Internal Investigation Materials

Foley & Lardner LLP on

Internal investigations have become a relatively normal part of doing business, but that does not mean the fruits of those investigations are discoverable even if they have a “business purpose.” The U.S. Court of Appeals for...more

Jaburg Wilk

Think Twice Before You Type: AI Chats May Not Be Private or Protected

Jaburg Wilk on

Last week, I was half-listening to one of my favorite podcasts during a workout when something OpenAI CEO Sam Altman said immediately caught my attention. He was chatting it up with comedian Theo Von on This Past Weekend when...more

StoneTurn

Safeguarding Privilege Between Counsel and Investigations and Crisis Communications Consultants

StoneTurn on

When a corporate crisis hits, attorneys often bring in investigators and PR consultants to uncover facts and manage reputational risk. But without the right structure, those critical communications may not be protected by...more

McGuireWoods LLP

Missouri Supreme Court Railroad Case’s Upjohn Analysis Goes Off the Tracks: Part II

McGuireWoods LLP on

Last week’s Privilege Point described the Missouri Supreme Court’s understandable conclusion that a railroad employee did not have a personal attorney-client relationship with railroad lawyers who interviewed her about an...more

Bennett Jones LLP

AI Notetaking in the Legal and Business Context: Does It Risk Confidentiality or Privilege?

Bennett Jones LLP on

As businesses modernize, many are turning to artificial intelligence (AI) tools to increase productivity and lower costs. One such tool is AI notetaking—automated meeting transcriptions, real-time summaries and searchable...more

Littler

Can an Employee Claim Retaliation for Whistleblowing When They Were Simply Doing Their Job?

Littler on

Assume the following, you ask your company’s in-house counsel to handle a highly sensitive matter involving bribery of foreign officials. The employee is given access to confidential attorney-client privileged information...more

McGuireWoods LLP

No Lawyer Required: Part I

McGuireWoods LLP on

The very term “attorney-client privilege” would seem to necessitate a lawyer’s involvement in any communications deserving that evidentiary protection. But in some critical intra-corporate situations, the protection covers...more

Baker Donelson

Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach

Baker Donelson on

In the chaos following a cyberattack, forensic reports are often pulled together under intense pressure and can assist companies in responding to and remediating the incident. However, if you're not careful, these reports...more

McGuireWoods LLP

Does Disclosing Legal Advice to Financial Advisors Waive Privilege? Part II

McGuireWoods LLP on

Last week’s Privilege Point described S.D.N.Y. Judge Lewis Liman’s conclusion that a company waived privilege protection for legal advice it received from its counsel by disclosing the advice to its financial advisor China...more

Lowndes

Florida Law Update: Slack Messages May Be Privileged Communication

Lowndes on

Florida’s Sixth District Court of Appeal (6th DCA), which considers appeals from trial courts in an area running from Orange County down to Collier County, recently confirmed that discovery privileges apply to communications...more

WilmerHale

2024 Year in Review: Data Breach Litigation

WilmerHale on

One of the main risks for a company in the event of a data breach is the threat of litigation. Data breach litigation continued to proliferate in 2024, as it has in prior years....more

BCLP

Crime-Fraud Exception Destroys Privilege for Communications Between Former CEO of Public Company and His Outside Lawyer

BCLP on

On February 7, 2025, the Second Circuit ruled that the crime-fraud exception would prevent the  former CEO of a public company from invoking attorney-client privilege to prevent an outside lawyer and his law firm from...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

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2024

Proskauer Rose LLP on

Following our annual tradition — which started over a decade ago — we are analyzing the year's 10 most significant whistleblower and retaliation events. As you'll see, in 2024, actions taken by a range of courts and...more

BCLP

Navigating a Security Incident - Best Practices for Engaging Service Providers - September 2024

BCLP on

With the recent wave of ransomware and other security incidents, it is now more important than ever for impacted organizations to have a thorough understanding of each element of a proper data breach response. That includes...more

Esquire Deposition Solutions, LLC

Sidestepping Conflicts and Other Ethical Pitfalls in Employee Depositions

This blog post is the fourth in a series on common ethical challenges that arise when preparing for and conducting depositions. Quite often corporate employers want outside counsel to represent both the corporation and...more

Wolf, Greenfield & Sacks, P.C.

Sued: What In-house Counsel Without Litigation Experience Need to Know - Preparing Your Inside Team

3: Preparing Your Inside Team - Preservation, Privilege, Potential Pitfalls -This is the third in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent...more

Vinson & Elkins LLP

Review of Attorney-Client Privilege, Work Product Doctrine, and the Crime-Fraud Exception

Vinson & Elkins LLP on

A recent privilege dispute in E.D.N.Y. case La Liberte v. Reid provides a prime opportunity to review the law and practical aspects surrounding attorney-client privilege, work product protection, and the crime-fraud exception...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

Robins Kaplan LLP

Do We Have to Share That Information? Attorney-Client Privilege in the Multi-Entity Context

Robins Kaplan LLP on

A bedrock feature of the attorney-client relationship is the privilege protecting legal-advice communications from prying eyes. Confidential communications between a client and her lawyer are protected to a degree not found...more

Wilson Sonsini Goodrich & Rosati

Swords and Shields: Forging Strong Attorney-Client Relationships

Host Mary O'Brien is joined by Wilson Sonsini corporate partner Craig Sherman as she interviews Bungie General Counsel Don McGowan to discuss forging strong attorney-client relationships. Conversation Highlights: Don...more

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

Fisher Phillips on

The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

Lathrop GPM

Kansas Federal Court Quashes Deposition of Franchisee’s General Counsel

Lathrop GPM on

A federal court in Kansas recently granted Defendant Sandvik Mining and Construction’s motion to quash a deposition subpoena of its in-house counsel. Roadbuilders Machinery and Supply Co., Inc. v. Sandvik Mining and...more

Wiley Rein LLP

[Podcast] Defining Our Vision and Values

Wiley Rein LLP on

On this episode, Government Contracts practice chairs Paul Khoury and Scott McCaleb join host Craig Smith to discuss how the practice defines what it does, what it wants to be, and what it believes in. The trio cover why it...more

272 Results
 / 
View per page
Page: of 11

"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