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Fraud › Attorney-Client Privilege › Evidence

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Herbert Smith Freehills Kramer

Second Circuit Affirms Order Compelling Disclosure of Attorney-Client Communications Subject to the Crime-Fraud Privilege...

Herbert Smith Freehills Kramer on

On Feb. 7, 2025, the U.S. Court of Appeals for the Second Circuit in In re Two Grand Jury Subpoenas Dated Sept. 13, 2023 affirmed the Southern District of New York’s order compelling a partner at a law firm and the firm to...more

McGuireWoods LLP

Why Doesn’t the Crime-Fraud Exception More Frequently Swallow the Attorney-Client Privilege?

McGuireWoods LLP on

Criminal defendants accused of white-collar crimes often deal with lawyers before and even while engaged in their alleged criminal misconduct. All or most lawyers have the vague notion that the attorney-client privilege can...more

Proskauer Rose LLP

DOJ Messaging App Warnings Undermine Trust In Counsel

Proskauer Rose LLP on

In the last several months, the Antitrust Division of the U.S. Department of Justice has been issuing increasingly ominous warnings to companies and executives about the consequences of not preserving ephemeral messaging and...more

Nutter McClennen & Fish LLP

Academic Fraud Investigations: What Universities Are Doing Wrong and How They Can Get it Right

Nutter McClennen & Fish LLP on

A panel of three professors posing inartfully phrased questions of a witness under oath, with members of the administration present, may not be the best way to gather relevant facts. Q: How do institutions of higher...more

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