Recent Posts

Free Download: The Attorney-Client Privilege in the Delaware Court of Chancery
Posted on 29 Nov 2010 by Corporate and Securities Law Community Staff

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... Read More

There's No Attorney-Client Privilege for the Communication of Facts
Posted on 5 Jun 2013 by Mack Sperling

It's been nearly ten years since the North Carolina Supreme Court decided a case involving the attorney-client privilege. That case was In re Miller , 357 N.C. 316, 584 S.E.2d 772 (2003) [ an enhanced version of this opinion is available to lexis... Read More

Do Law Firms Have an In-House Privilege?
Posted on 7 May 2013 by Thomas Fox

There is often a discussion about the retention of outside counsel to lead an investigation of alleged violations of the US Foreign Corrupt Practices Act (FCPA) so that the company may maintain the attorney-client privilege. But is there some other... Read More

The Interrogatory That Does Not Warrant an Objection Based on Privilege
Posted on 17 Oct 2014 by Mack Sperling

There was enough worth talking about in Judge Bledsoe's opinion in National Financial Partners Corp. v. Ray , 2014 NCBC 49 , which I posted about yesterday , to warrant a second post [ an enhanced version of this opinion is available to Read More

E-Discovery Landmark Decision For NC: Attorney-Client Privilege Waived In Electronic Discovery Production
Posted on 3 Aug 2012 by Mack Sperling

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... Read More

Company Waives Attorney-Client And Work Product Privileges Through Advice Of Counsel Defense
Posted on 13 Oct 2011 by Mack Sperling

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... Read More