News & Analysis as of

Corporate Counsel Attorney-Client Privilege Compliance

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

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 - 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

Constangy, Brooks, Smith & Prophete, LLP

OFCCP softens controversial Directive on “pay equity” audits

Some relatively good news from the OFCCP. The Office of Federal Contract Compliance Programs revised its Directive around contractors’ evaluations of their compensation systems. Directive 2022-01, formerly titled “Pay...more

Perkins Coie

OFCCP Directive on Internal Pay Equity Audits Takes on Privilege Claims

Perkins Coie on

Federal contractors who conduct pay equity audits under attorney-client and work product privileges face increased risks under a new directive by the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance...more

Mintz - Privacy & Cybersecurity Viewpoints

Another Court Orders Production of Cybersecurity Firm’s Forensic Report in a Data Breach Case

Another district court just ordered the defendant in a data breach class action to turn over the forensic report it believed was entirely protected from disclosure by the attorney-client privilege and work product doctrine....more

The Volkov Law Group

Fourth Circuit Overturns Federal Prosecutors’ Use of Filter Team to Conduct Search of Law Firm Documents

The Volkov Law Group on

The Fourth Circuit joined the fast-growing club of federal courts objecting to federal prosecutors and agents reliance on so-called “filter-team” procedures to review documents seized from a law firm that may contain...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for April 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

The Volkov Law Group

Compliance and the Attorney-Client Privilege

The Volkov Law Group on

Chief compliance officers have to work closely with the chief legal officer or general counsel on a number of important issues. ...more

The Volkov Law Group

The Real Value of Lawyers to Compliance

The Volkov Law Group on

The legal profession is transforming itself, especially in the area of compliance. Lawyers are an invaluable part of a compliance program. They provide important perspective and understanding of risk, they help a company to...more

Thomas Fox - Compliance Evangelist

King Arthur Week – The Round Table and Compliance Professionals and Lawyers as Whistleblowers – Part III

Today we use King Arthur’s Round Table as the entry into our topic. The Round Table is the famous table around which he and his Knights congregated. Its shape implies that everyone who sits there has equal status. Wace, who...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Declines to Review 3rd Circuit Ruling; Crime-Fraud Exception to Attorney-Client Privilege Decision Persists

On November 10, 2014, the Supreme Court (No. 14-389) declined to review the 3rd Circuit decision (No. 13-1237), In Re: Grand Jury Subpoena, leaving intact the 3rd Circuit’s ruling on the proper bounds of the crime-fraud...more

Troutman Pepper

Counsel to the Company: A Framework for Corporate Governance

Troutman Pepper on

As a threshold matter, counsel must identify, and remain clear as to, the identity of its client, which may be the company or a subsidiary, the Board or Board committee, or one or more executives. The identity of the client...more

Holland & Knight LLP

D.C. Circuit Upholds Protection of Attorney Client Privilege in Internal Investigations Conducted Pursuant to Regulatory Mandate

Holland & Knight LLP on

In a widely anticipated decision, today, the D.C. Circuit granted a writ of mandamus and vacated a district court order requiring the production of a company's internal investigation documents presumed to be protected by the...more

Holland & Knight LLP

Federal District Court: Documents Created During an In-House Corporate Compliance Investigation Are Not Privileged

Holland & Knight LLP on

In a noteworthy decision in Barko v. Hallilburton Co., a federal court has ruled that a company's internal investigations are not privileged and must be produced to a whistleblower. In light of the ruling in Barko, government...more

Tucker Arensberg, P.C.

Compliance Audit Information May Not Be Attorney Client Privileged

Tucker Arensberg, P.C. on

Attorneys routinely advise clients conducting audits and investigations that the audit or investigation should be conducted by outside counsel in order to establish attorney client privilege. ...more

Katten Muchin Rosenman LLP

Gruss v. Zwirn: SDNY Strikes a Blow Against Selective Waiver

On November 20, 2013, US District Judge Paul G. Gardephe of the US District Court for the Southern District of New York issued a decision with potentially significant consequences for attorneys conducting internal...more

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