Free Download: The Attorney-Client Privilege in the Delaware Court of Chancery

Broadly speaking, the attorney-client privilege protects communications between a client and an attorney where the communications are intended to be and remain confidential. The purpose of the privilege is "to foster the confidence of the client and enable[] him to communicate without fear in order...

Waiver Of Attorney-Client Privilege Or Work Product Doctrine Through Social Media

Social media provides the potential for both client and attorney to waive work-product doctrine protection and attorney-client privilege by publicly disclosing confidential information. Voluntary disclosure of the content of a privileged attorney communication constitutes waiver of the privilege as...

In re Crescent Resources Shows Attorney-Client Privilege Not Always Absolute

Attorneys are entrusted with a lot of sensitive information. The attorney-client privilege exists to allow clients to speak candidly with their attorneys. However, when the same attorney represents multiple parties, the privilege may not be so absolute. In the case of In re Crescent Resources, LLC ,...

Broadly Worded Defense In Company Sale Case Results In Waiver Of Attorney-Client, Work Product Privileges

A broadly worded defense in a case challenging the sale of a company resulted in a waiver of the attorney-client and work product privileges last week, in Richardson v. Frontier Spinning Mills, Inc. Richardson claimed that the company had improperly structured its sale so that non-employee shareholders...

DLA Piper LLP: Strategies For Helping To Preserve Attorney-Client, Work Product Privileges

By Kathy J. Owen The definition of attorney-client privilege is generally consistent across jurisdictions: (1) an attorney, (2) a client, (3) a communication, (4) confidentiality anticipated and preserved and (5) legal advice or assistance being the purpose of the communication. i The fifth prong...

In Landmark E-Discovery Decision For North Carolina, Judge Rules Attorney-Client Privilege Waived

In a classic understatement, Judge Gale said in a North Carolina Business Court opinion last Thursday that " North Carolina case law addressing problems inherent in electronic discovery. . .is not yet well developed ." Op. ¶50. But in Blythe v. Bell , 2012 NCBC 42 [ enhanced version available...

Duane Morris LLP: California Supreme Court Issues Key Ruling On Protection Of Witness Statements

The California Supreme Court addressed vital issues related to attorney work-product protection for statements and interviews of independent witnesses in Coito v. Superior Court , Case No. S181712 (June 25, 2012) [ enhanced version available to lexis.com subscribers ]. The court conducted a comprehensive...

Troutman Sanders LLP: 'Waive'-ing Goodbye To Privilege Protection

The attorney-client and work product privileges are some of the oldest and most important evidentiary privileges in our legal system. The attorney-client privilege, in particular, is regarded by some as almost "sacred." Given their importance, you would think that these privileges would be...

Troutman Sanders LLP: 'Waive'-ing Goodbye to Privilege Protection

The attorney-client and work product privileges are some of the oldest and most important evidentiary privileges in our legal system. The attorney-client privilege, in particular, is regarded by some as almost "sacred." Given their importance, you would think that these privileges would be...

Absent 'Reasonable Precautions,' Inadvertently Produced E-mails Lose Attorney-Client Protection

In a tough "horse is out of the barn" ruling, a federal court in Ohio held that the unintentional release of 347 e-mails that had been exchanged among members of a corporate litigant's in-house legal team constitutes a waiver of attorney-client privilege over those emails. Ruling in...

To Define “Data Privacy,” You Will Need a Map, a Calendar and a Clock

What is "data privacy"? It is a lot like asking what "food" is. The answer depends on where you are, who you are, what time it is and how hungry you are. Breakfast in Japan often comprises miso soup, grilled fish and white rice. In America it might be eggs, bacon, toast or Rice Krispies...

Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1

By Thomas H. Clarke, Jr., and Lael D. Andara Knew or should have known, a standard often applied in a myriad of legal context, could soon be the one applied to attorneys who ignore the risks associated with communicating with clients using modern technologies (i.e., text messaging, emails, telephone...

Ignorance Is Risk,: Response Options To NSA Monitoring Of Attorney-Client Communications, Part 2

By Thomas H. Clarke, Jr., and Lael D. Andara Click here to read Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1 . Faced with the very real possibility that every keystroke, mouse click, image, and audio/video file is subject to monitoring, we...

William A. Ruskin: Preserving The Attorney-Client Privilege For In-House Counsel

By William A. Ruskin Courts impose on corporate entities the burden of demonstrating that communications and documents shared with in-house counsel are protected by the attorney-client privilege. When companies cannot satisfy this burden, courts have ordered production of emails involving legal counsel...