Privilege

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, […]

Copying To Attorney Doesn’t Make An Email Privileged

The case arose in the context of an employment dispute, where the employee made discovery requests for three separate email […]

Shareholders Can Open The Books In A Wal-Mart Case

The Delaware Supreme Court upheld a Chancery Court decision allowing a shareholder pension fund to inspect the books, in a […]

Are Communications With Contractors Privileged?

What happens when an in-house attorney communicates with an independent contractor or some other non-employee who is working closely with the company?

HR Memo Ghostwritten By In-House Lawyer Not Privileged, Court Finds

A memo sent by an HR manager but “essentially” ghost-written by the firm’s in-house attorney is not subject to attorney-client […]

DC Circuit Court Reverses District, Upholds Investigation Privilege For Contractors

Calling it “welcome news for companies that do business with the government,” attorneys from Wiley Rein look at a D.C. […]

N.M. Court Finds Business Advice Trumps Attorney-Client Privilege For GC

A New Mexico appeals court invalidated attorney-client privilege for a general counsel’s memo that provided a strategy for for terminating […]

Dear Mr. Snowden: Is It Reasonable to Expect My Attorney-Client Communications Are Confidential?

As technology moves to the cloud, attorneys must pay special attention to third-party terms of service if they hope to insure e-communications with clients remain privileged.

NSA Assures ABA It’s ‘Firmly Committed’ To Protecting Attorney-Client Privilege

The outgoing head of the National Security Agency sought to reassure U.S. lawyers that confidential attorney-client information collected during agency […]

NSA, Overseas Agencies Spied On Talks Between U.S. Lawyers, Foreign Clients

Privileged conversations between American lawyers and foreign clients were compromised by the NSA and its overseas allies, according to new […]

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