dual purpose communication concept

Don’t Count on Privilege For Dual-Purpose Communications

A dual-purpose communication contains both legal and non-legal advice. It is typically written by an attorney, usually an in-house attorney. […]

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Employer Policies and Employee Personal Privileged Emails

Death, taxes, and employees sending personal emails via the employer’s email server. We know it happens despite policies preventing or […]

untangling corporate privilege weave of waivers concept

Untangling Corporate Privilege: Deciphering the Complex Weave of Waivers

The principles that govern waivers for corporate entities are like a woven tapestry. In one direction we find patterns that […]

New year reminder for general counsel concept, 2024 goals list on notebook

New Year Reminders for General Counsel: From Compliance to Confidentiality

The new year is a good time for reminders and refocusing on creating better habits. Privilege and related concepts are […]

generative AI in legal field is piece of puzzle

California State Bar Approves Guidance on Generative AI: Striking a Balance Between Innovation and Ethics

In November 2023, a Colorado judge suspended a lawyer for using ChatGPT to draft a legal document. Just a few […]

attorney-witness discussion during breaks concept

Breaktime Balancing Act: Navigating Attorney-Witness Discussions in Depositions

Attorneys and witness-clients are frequently tempted to discuss testimony during deposition breaks. The recent increase in remote depositions during the […]

courthouse columns

Ask the Court If You Want Confidentiality

Abraham Lincoln’s wisdom revealed itself in a variety of spheres, ranging from the adversities associated with frontier life to challenges […]

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The Common Interest Privilege May Not Be Common Knowledge

The attorney-client privilege offers strong protection from public disclosure of confidential communications regarding legal advice. But, any disclosure to a […]

Supreme Court in Washington DC at Sunset

Supreme Court Dismisses Privilege Case: What Now for In-House Lawyers?

There have been several horrifically bad predictions throughout time.  In 1903, a bank president predicted to a Ford Motor Company […]

“Prior Knowledge” Exclusions

Liability insurance protects the insured against claims even when the acts that gave rise to them took place before the […]

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