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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...

Company Waives Attorney-Client And Work Product Privileges Through Advice Of Counsel Defense

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...

E-Discovery Landmark Decision For NC: Attorney-Client Privilege Waived In Electronic Discovery Production

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, the Judge went ahead...

Chancery Addresses “At Issue” Exception to Attorney/Client Privilege

In re Comverge, Inc., Shareholders Litigation , C.A. No. 7368-VCP (Del. Ch. April 10, 2013) [ an enhanced version of this opinion is available to lexis.com subscribers ]. Issue Presented : Whether the attorney-client privilege was a defense to a motion to compel documents. Short Answer : ...

Attorney/Client Privilege and Work Product Doctrine Again Addressed by Delaware Court of Chancery

AM General Holdings LLC v. The Renco Group, Inc ., C.A. No. 7639-VCN (Del. Ch. April 18, 2013). A prior Chancery decision in this case was highlighted on these pages at this link. Issue Addressed : Whether the attorney/client privilege and the work product doctrine are defenses to a motion...

Do Law Firms Have an In-House Privilege?

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 privilege which might be lurking in this relationship...

There's No Attorney-Client Privilege for the Communication of Facts

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.com subscribers ], which raised the question whether...

When Internal Documents Aren’t Covered by Attorney-Client Privilege

A decision issued on March 6 by the U.S. District Court for the District of Columbia serves as a stark reminder that internal investigations must be carefully structured and executed to garner the protection of the attorney-client privilege and attorney work product doctrine, especially when non-attorneys...

Delaware Supreme Court Requires Wal-Mart to Produce Privileged Documents

Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW , Del. Supr., No. 614, 2013 (July 23, 2014) [an enhanced version of this opinion is available to lexis.com subscribers] . This Delaware Supreme Court en banc opinion requires Wal-Mart to produce documents about an alleged...

The Interrogatory That Does Not Warrant an Objection Based on Privilege

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 lexis.com subscribers ]. What I didn't discuss yesterday...

The Parameters of the Attorney/Client Privilege and Grinding It Out with Anthony Mason

There were two notable deaths over the weekend from the sports world. The first was Anthony Mason and the second Minnie Minoso. Today, we celebrate the life of Anthony Mason. Mason was a part of the Patrick Ewing-led New York Knicks who played against the Houston Rockets for the 1994 National Basketball...