Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
False Claims Act Insights - Is DOJ Allowed to Share Privileged Documents with Whistleblowers in FCA Disputes?
A recent federal appellate court decision demonstrates one way businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation....more
As artificial intelligence tools become more accessible, legal teams face growing pressure to adopt them in e-discovery, litigation, and legal operations. In response, the American Bar Association has issued guidance to help...more
The attorney-client privilege protects (1) clients’ communications of facts to lawyers, (2) clients’ requests for legal advice from lawyers, (3) lawyers’ request for facts from clients and (4) lawyers’ legal advice to...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of August 3-9. Here’s what’s...more
Attorney-client privilege is one of the most important protections in the legal system. Its powerful legal protection allows clients to speak freely and candidly with their attorneys without fear that their communications...more
The Shareholder Rule is a legal doctrine under which a company is generally precluded from asserting legal professional privilege to withhold documents from a shareholder in the course of litigation involving both the company...more
Since lawyers draft their own ethics rules, they unsurprisingly include provisions allowing them to disclose client confidences to defend themselves from clients’ (and even third parties’) attacks. A paradigmatic example...more
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
On July 25, 2025, Superior Court Business Litigation Session Judge Debra A. Squires-Lee issued a significant decision regarding the attorney-client privilege and clarifying the contours of the work product doctrine in...more
In Mandarin Oriental, Inc. v. HDI Glob. Ins. Co. et al., Civil Action No. 23 Civ. 4951, 2025 WL 1638071 (S.D.N.Y. June 10, 2025), the District Court of the Southern District of New York followed the modern trend and allowed...more
In a landmark ruling handed down on 24 July 2025 (Jardine Strategic Limited (Appellant) v Oasis Investments II Master Fund Ltd and 80 others (Respondents) No 2 (Bermuda) [2025] UKPC 34), the Judicial Committee of the Privy...more
Our employment law update for July covers cases about legal principles tribunals must consider when analysing the ‘substantial adverse impact’ in disability claims, the difficulties in selecting discrimination comparators,...more
Join the DecoverAI team for a power-packed session on how in-house legal departments are harnessing Generative AI to revolutionize their internal workflows—from investigations to compliance reviews to due diligence. ...more
Under Fed. R. Evid 502(d), a federal court can assure that an inadvertent disclosure of privileged documents in the case before it will not allow litigants in subsequent cases to argue that such disclosure triggered a...more
We have published a client guide to legal professional privilege under English law. This guide comprises: A decision tree: intended as a quick reference to help determine which documents can legitimately be withheld on...more
On April 29, 2025, United States District Judge John H. Chun of the Western District of Washington issued an order denying defendant Amazon’s request to claw back privileged documents it argued had inadvertently produced in...more
eDiscovery case law disputes are in full bloom! In our April 2025 monthly webinar of cases covered by the eDiscovery Today blog we will discuss disputes related to proportionality of discovery requests, lack of cooperation...more
The common interest doctrine can sometimes protect as privileged communications between separately represented clients who share an identical legal interest in litigation, or in anticipation of litigation. But satisfying this...more
Because litigants frequently take an aggressive approach when withholding documents on privilege grounds, courts’ in camera reviews often result in a loss for them. But sometimes courts agree with a litigant’s privilege...more
White-collar crimes present investigators with intricate challenges that require precision, expertise, and advanced technology. In today’s high-profile investigations, the stakes couldn’t be higher, with reputations,...more
By definition, a litigation hold notice is a communication from an attorney to a client regarding the duty to preserve potentially responsive information. In Homeland Ins. Co. of Del. v. Independent Health Ass’n., Inc., 2025...more
Last week’s Privilege Point described a court’s initial rejection but later acceptance of a county’s claim of privilege and work product protection for internal employee training. Hipschman v. Cnty. of San Diego, Case No....more
Curious about whether legal holds are protected by privilege? You won't want to miss this week's breakdown of a landmark decision in the Federal Trade Commission versus Amazon case. We explore the intricacies of Amazon's...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of January 19-25. Here’s what’s...more
Introduction - In a recent judgment in Case No. 486 of 2024 (issued on 22 October 2024), the Dubai Court of Cassation (Court of Cassation) upheld the decision of the Dubai Court of Appeal (Court of Appeal) (issued on 3 April...more