When a client seeks legal advice from a lawyer, the confidential communications between them, which are made for the sole or dominant purpose of seeking and receiving legal advice, are protected by legal professional...more
The concept of the “shareholder principle” in English law provides that a company cannot assert privilege against its own shareholders, unless the privileged documents in question were created for the dominant purpose of...more
HR Managers and in-house lawyers frequently face the task of navigating and protecting legal privilege. Issues around privilege often arise during internal investigations, data subject access requests and discussions of...more
The Massachusetts Supreme Judicial Court recently affirmed the dismissal of a direct claim against an attorney based on the litigation privilege. The attorney, who represented the wife in a divorce proceeding, was sued by...more
When are communications with counsel that are for both legal advice and business purposes protected by the attorney-client privilege? From least to most stringent, courts have required that a communication be “because of”...more
Legal professional privilege, litigation advice privilege, iniquitous principle, unfair dismissal, right to appeal, unlawful protection from wages claim, income protection payments - EAT concludes that an email sent prior...more
Brief Comments on The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006 - On Sept. 5, 2018, the Court of Appeal of England and Wales handed down a unanimous...more
A recent decision out of the English High Court narrows the scope of the legal advice privilege, which will have important implications for US companies that have ties to the UK. ...more