Privilege

The Client Might Be Lying

Separating lies from truths, in all their various guises, has been called the main and most difficult task of any […]

Privilege For GM Internal Investigation Is Upheld

The district court upheld GM’s claim of privilege for investigations in the matter of GM ignition switch failures, rejecting the stringent “primary purpose” test…

Court: No Privilege For Lawyers Running Risk Management

In a case where a company tried to use attorney-client privilege to block some internal communications from being introduced in […]

Court: GCs With Non-Legal Roles Have Narrowed Privilege

The Northern District of Illinois found that copying an in-house lawyer “on a given communication does not automatically transform the […]

When The Client Wants To Lie

What should an attorney do when the client has committed or intends to commit perjury?

Accidental Lawyering On The Internet

An ABA ethics committee is proposing changes to the Rules of Professional Conduct that would clarify when a lawyer’s online […]

Fired CEO Can’t Keep Privileged Info, Nevada Supreme Court Rules

The collective-corporate-client exception to attorney-client privilege was shot down by Nevada’s top court, in a ruling that found a fired […]

Is The SEC Encouraging Lawyers To Betray Clients?

Names of whistleblowers who provide information to the SEC normally are not made public, but in a recent case involving […]

Internal Fraud Investigation: The First Five Days

The decisions made in the first few days after internal company fraud has been detected will be a major determinant […]

Preserving Privilege In Internal Investigations

A ruling earlier this year from the U.S. Court of Appeals for the D.C. Circuit, vacating a district court decision, […]

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