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McGuireWoods LLP
Under the common law "functional equivalent" doctrine, corporations sometimes may claim privilege protection for communications to or from a non-employee who is the "functional equivalent" of an employee.
Duane Morris LLP
There are well-known ways to waive the protection of the attorney-client privilege: for example, the intentional disclosure of an initially confidential communication to someone outside...
Ogletree, Deakins, Nash, Smoak & Stewart
This episode of our Safety Perspectives From Region 6 podcast is the second in a three-part series on fatality and catastrophe investigations ...
Squire Patton Boggs LLP
On August 15, 2023, the Committee published proposed amendments to Rules 16 and 26 of the Federal Rules of Civil Procedure ("Rules"). The amendments are designed to require that parties address...
Ogletree, Deakins, Nash, Smoak & Stewart
On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended long-standing precedent, significantly broadening the types of adverse employment actions...
Womble Bond Dickinson
Corporate criminal enforcement is a top priority for the Department of Justice.
McGuireWoods LLP
It seems obvious that corporations do not waive privilege protection by disclosing privileged communications to their own board members.
Jenner & Block
On June 30, 2023, just one day after the Supreme Court issued its decision in the Students for Fair Admissions cases striking down race-conscious...
Many of you have asked me to tell you a story about Bob Popeo, one of the greatest lawyers of the modern era.
McGuireWoods LLP
Most courts hold that the incredibly fragile attorney-client privilege can be waived by disclosure even to family members (such as Martha Stewart's disclosure...
Sheppard Mullin Richter & Hampton
Corporate Privilege: Nuances of Delaware Law and Recommendations on How to Preemptively Protect Privilege in the Event of a Future Dispute Between a Former Director...
Sheppard Mullin Richter & Hampton
Providing legal advice to business entities raises important issues regarding the application of attorney-client privilege between the entity and its directors. Delaware's...
Fisher Broyles
The plaintiff in this action has worked as a human resource specialist. She claimed that, beginning in 2019, her male supervisor made unwelcome sexual comments to her, and, when she reported...
Littler Mendelson
As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected from disclosure under the attorney-client privilege?
McLane Middleton, Professional Association
It might depend on what you are talking about. Important to keep in mind is that the corporation is the attorney's client, not you. If your conversation is intended to help counsel provide...
Reinhart Boerner Van Deuren s.c.
The U.S. Supreme Court has dismissed a case asking the Court to adopt an approach that would broaden the scope of the attorney-client privilege when communications contain both legal and nonlegal advice.
Frankfurt Kurnit Klein & Selz
On February 14, 2023, Covington & Burling LLP ("Covington") filed its opposition to the SEC's administrative subpoena in connection with its investigation into possible violations...
Sheppard Mullin Richter & Hampton
Inside and outside counsel should know that the way they guide clients through legal and business issues may need to change based on a recent Ninth Circuit case governing the protections...
In re Grand Jury, a case closely watched by lawyers and in-house counsel, had the potential to fundamentally alter the scope of the attorney client privilege, which protects from disclosure to third parties...
Frankfurt Kurnit Klein & Selz
After months of briefing by the parties, more than a dozen amicus submissions, and an extended oral argument two weeks ago, the U.S. Supreme Court yesterday suddenly dismissed the appeal in In re Grand Jury on the ground that certiorari was improvidently granted.
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