Attorney-Client Privilege

Managing Privilege and Avoiding Pitfalls During Pretrial
Sven Collins & Corinne Simon Consider protections and privileges other than the attorney-work product doctrine

Waiver and Exceptions

Privilege Logs and Inadvertent Waiver: Lawyer Beware
Charles Fax The law firm objected to portions of the subpoena on the basis of attorney-client privilege

Fiduciary Duty Exception to Privilege Inapplicable in Illinois
Oran Whiting The defendant firm forwarded Garvy a letter advising him of several potential conflicts of interest, including the possibility of the firm itself being named a party when the company's shareholders filed the chancery proceeding.

Privilege-Waiver Issues in Bankruptcy after MF GlobalMeryl B. Vinocur Some have held that a trustee may not waive an individual debtor's attorney-client privilege

Supreme Court Examines the Fiduciary Exception to Privilege
David Dodds The attorney-client privilege is one of the oldest and most venerable privileges under the common law.

Rule 26 to Change: Limited Privilege for Draft Reports and Communications
Charles Fax The attorney-client privilege is one of the oldest and most venerable privileges under the common law.

So You Want to Depose Opposing Counsel?
Edna Selan Epstein It is beyond dispute that attorneys are not automatically exempt from being subject to a subpoena to produce documents or to testify solely by virtue of their license to practice law or by virtue of a blanket assertion of privilege and work product protection.

Limiting Availability of Interlocutory Appeals Regarding Privilege
John W. Joyce The privilege holder must obtain documents and endure a contempt charge to pursue an appeal.

Confidentiality and Privilege in the Insurer-Policyholder
Richard C. Giller In most jurisdictions, evidentiary privileges are creatures of statute, and courts are generally powerless to either create new ones or carve out exceptions to statutorily created ones.

Subpoenas from Federal Agencies: Will FRE 502(d) Protect Privilege?
Laura D. Cullison Practitioners looking for a way to produce documents to a federal agency such as the Securities and Exchange Commission (SEC) while maintaining privilege may find a glimmer of hope in Federal Rule of Evidence 502(d).

Reviewing Privilege Issues During Transaction Negotiations
Scott B. Murray Because of this common experience, many litigators work with their firms’ transactional teams during the negotiation of transactions to assist with drafting contract and other transactional language that might benefit their clients in future litigation.

The State of the Attorney-Client Privilege in the Workplace
Victoria Taylor, Bingham The DOJ maintained a policy that did not ban personal use of company email, and the U.S. attorney was unaware that the DOJ would be regularly accessing and saving emails from his account.

Does a Federal Arbitration Privilege Apply in Arbitration Proceedings?
P. Jean Baker The federal courts are now debating whether a federal evidentiary privilege applies to documents used in arbitration proceedings.

Privilege in Cross-Border Litigation
Michael Feder Global markets and multi-jurisdictional transactions have provided us with a multitude of opportunities and advantages.

Think Settlement Negotiations Are Confidential? Think Again
Jannis E. Goodnow A recent Federal Circuit decision raises an important consideration for “confidential” settlements in multiparty litigation.

Protecting Privilege While Preserving Coverage | Insurance
John Buchanan and Wendy Feng Liability insurance for a large, complex claim is often a love-hate relationship.

Colorado Denies Privilege for Guardian Ad Litem
Lisa Bliss The implications of this tension on the attorney-client privilege could have a chilling effect on the ability of an at-risk child to have conversations with his or her lawyer/guardian remain confidential.

The Attorney-Client Privilege and the Work-Product Doctrine, Fifth Edition
By Edna Selan Epstein Four earlier editions of The Attorney-Client Privilege and the Work-Product Doctrine have helped thousands of lawyers through this increasingly complex area.

The Attorney-Client Privilege and the Work-Product Doctrine, Fifth Edition/Internal Corporate Investigations, Third Edition (Package)
By Barry F. McNeil, Brad D. Brian In the wake of highly publicized corporate shake-ups, internal investigations have gained national prominence and established themselves as an important tool of management.

U.S. Sentencing Commission Should Reverse Its Policy on Attorney-Client Privilege Waiver
Michael Greco The U.S. Sentencing Commission got it right when it recently voted unanimously to reverse an earlier amendment to the Federal Sentencing Guidelines.

ABA Works with Diverse Coalition of Groups to Stop the Erosion of the Attorney-Client Privilege
Jim Bowhay The Department of Justice, the SEC, and other enforcement agencies routinely require privilege waivers.

DOJ Requires Its Prosecutors to Set Formal Procedures for Requesting Privilege Waiver
Jeffrey P. Schomig Many defense lawyers and other private groups have accused some prosecutors of aggressively attacking attorney-client confidentiality.