Privilege

Preserving Privilege In Internal Investigations

September 24, 2014

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

August 25, 2014

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

August 14, 2014

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?

August 6, 2014

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

July 17, 2014

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

June 30, 2014

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

June 9, 2014

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?

March 26, 2014

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

March 12, 2014

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

February 18, 2014

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

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