United States: Privilege

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Attorney-Client Privilege In Cross-Border M&A: How Privilege Gets Lost During The Deal

Last week we wrote about how attorney-client privilege can be lost in domestic M&A when brokers, consultants, and other non-legal advisors are pulled into legal communications.

United States Commercial

HS

Harris Sliwoski

Attorney-Client Privilege In M&A: How Brokers And Other Advisors Can Create Serious Risk

Today let's talk about the attorney-client privilege, how important that safeguard is in M&A transactions, and how not to mess it up.

United States Commercial

HS

Harris Sliwoski

SDNY Rules That AI-Generated Documents Are Not Privileged

In an opinion addressing an issue of first impression, a federal judge ruled last week in United States v. Heppner ...by the attorney-client privilege or the work product doctrine

United States Technology

CG

Cohen & Gresser

Confidentialité des avis juridiques des juristes d'entreprise : consécration d'un legal privilege à la française

Le 25 février 2026, la loi n° 2026-122 du 23 février 2026 relative à la confidentialité des consultations des juristes...

European Union Anti-trust

D

Dechert

Corporate Governance Field Guide - Board Communications

United States Commercial

BB

Baker Botts LLP

Sixth Circuit Strengthens Privilege And Work-Product Protections For Internal Investigation Materials

United States Commercial

CG

Cahill Gordon & Reindel LLP

Stop The Early MDL Drift: What In-House Counsel Can Do In Week One To Avoid Privilege Chaos Later

United States Litigation

BS

Butler Snow LLP

Meeting The Growing Demand For Data-driven Proof Of Compliance Effectiveness

Worldwide Criminal

AO

A&O Shearman

Sixth Circuit Restores Privilege Protections In In Re FirstEnergy Corp. Mandamus Decision

United States Litigation

WL

Withers LLP

Thumbs Up For Upjohn: Sixth Circuit Upholds Privilege For Internal Investigations

United States Commercial

CW

Cadwalader, Wickersham & Taft LLP

The In-House Lawyer Question: Why The European Commission's Arguments Don't Hold Up

Worldwide Anti-trust

GP

Goodwin Procter LLP

What Recent Enforcement Announcements And Judicial Decisions Mean For Internal Investigations

United States Criminal

WR

Wiley Rein

Beyond The Perimeter: Securing OAuth Tokens And API Access To Thwart Modern Cyber Attackers

United States Technology

GP

Goodwin Procter LLP

ETF Share Class: ICI Highlights Key Operational Considerations

United States Commercial

D

Dechert

March 2026: Federal Deadlines That Will Reshape The AI Regulatory Landscape

United States Technology

BB

Baker Botts LLP

Congress Proposes Major Overhaul Of WARN: What Employers Need To Know About The Fair Warning Act

United States Employment

PR

Proskauer Rose LLP

Sanctions Update: March 9, 2026

Worldwide International

SJ

Steptoe LLP

What Europe's Renewable Energy Struggles Can Teach U.S. Regulators About Dispute System Design

United States Litigation

J

JAMS

Back To School 2025: Title IX Updates And How ADR Can Help Universities Resolve Disputes (Podcast)

United States Litigation

J

JAMS

DOJ Antitrust Division Launches 'Comply With Care' Task Force To Combat Gamesmanship In Investigations

Sept. 9, 2025 – On Aug. 29, Assistant Attorney General (AAG) Gail Slater of the U.S. Department of Justice Antitrust Division announced the formation of a new "Comply with Care" task force.

United States Anti-trust

HH

Hughes Hubbard & Reed LLP

The End Of The Shareholder Rule: Aabar, Jardine, And The Future Of Corporate Privilege

Two recent judicial decisions have brought long-standing assumptions about the so-called "Shareholder Rule" under critical scrutiny. In Aabar Holdings S.à.r.l. v Glencore plc & ors...

United States Commercial

W

WilmerHale

Protecting Attorney-Client Privilege In Litigation: Avoid Costly Exposure (Video)

When your company is involved in litigation, communications with your lawyer are protected by a crucial legal shield: the attorney-client privilege.

United States Commercial

C

Crowley Law LLC

SB 261 Compliance In Practice: A Roadmap For Legal And Sustainability Leaders

This is Part 2 of our two-part series on California's landmark climate risk disclosure law, the California Climate-Related Financial Risk Act (SB 261).

United States Commercial

OG

Outside GC

Live From Workplace Horizons 2025: Workforce Analytics — Do Your Data-Driven Personnel Assessments Place You At Risk? (Video)

United States Employment

JL

Jackson Lewis P.C.

Mintz On Air: Practical Policies Podcast – An Abridged Guide To Crisis Management (Podcast)

United States Employment

M

Mintz

Podcast - New York State Restaurant Reservation Anti-Piracy Act Cracks Down On A "Leech Industry"

United States Healthcare

HK

Holland & Knight

EEOC And DOJ Issue Guidance On DEI-Related Discrimination At Work

United States Employment

HB

Hall Benefits Law

Employers Should Involve Lawyers In The Audit Of DEI Programs So That The Attorney-Client Privilege Might Apply

United States Commercial

SR

Shulman Rogers

The DEI Stalemate: Paying The Price For The Wrong Move - Part 2

United States Commercial

Wa

Ward and Smith, P.A.

Electronic Communications Dramatically Complicate Choice Of Law Analysis

United States Commercial

ML

McGuireWoods LLP

Accessing Privileged Documents In Illinois Ownership Disputes

United States Commercial

AF

ArentFox Schiff

Navigating A Security Incident - Communication "Dos" And "Don'ts"

United States Technology

BC

Bryan Cave Leighton Paisner

Paranoid Androids: Artificial Intelligence, In-House Counsel, And The Attorney-Client Privilege

United States Commercial

BS

Butler Snow LLP

Electronic Communications Dramatically Complicate Choice Of Law Analysis

As explained in previous Privilege Points, courts frequently must decide which state's privilege law applies to communications involving several states. Fed. R. Evid. 501 states that federal courts...

United States Commercial

ML

McGuireWoods LLP

Accessing Privileged Documents In Illinois Ownership Disputes

Business divorces are often messy. The reasons for business divorces vary – personality-driven disputes, disagreements over business direction, or timing and distribution of earnings. Whatever the reason...

United States Commercial

AF

ArentFox Schiff

Navigating A Security Incident - Communication "Dos" And "Don'ts"

Communication during a data breach is challenging in the best of circumstances, and control of information, especially early in a breach response, is critical.

United States Technology

BC

Bryan Cave Leighton Paisner

Paranoid Androids: Artificial Intelligence, In-House Counsel, And The Attorney-Client Privilege

Many things go without saying. But the fact that attorneys wear many hats—especially those working as in-house counsel—shouldn't be one of them.

United States Commercial

BS

Butler Snow LLP

Think Twice — Avoiding Waiver Of The Attorney-Client Privilege Through Issuance Of A Press Release

United States Commercial

Wa

Ward and Smith, P.A.

Do We Have To Share That Information? Attorney-Client Privilege In The Multi-Entity Context

A bedrock feature of the attorney-client relationship is the privilege protecting legal-advice communications from prying eyes.

United States Commercial

RK

Robins Kaplan

N.C. Business Court Strengthens A Company's Ability To Assert Attorney-Client Privilege In Disputes With Officers And Directors

With its origins in the 16th century, the attorney-client privilege is one of the oldest doctrines in our common law tradition. Even so, new issues do arise...

United States Commercial

Smith Anderson

Navigating Corporate Disputes Stemming From Regulatory Violations And Enforcement Actions

Regulatory investigations and enforcement action frequently and increasingly give rise to a broad range of civil claims for damages.

United States Litigation

ML

Milbank LLP

"Do You Want To Know A Secret?" Courts And Agencies Unwittingly Join Hackers In Exposing Secret Information

In November 2020, a group of hackers backed by the Chinese state exploited vulnerabilities in Microsoft Exchange software to hijack tens of thousands of corporate servers...

United States Commercial

WR

Wiley Rein

If You Have Someone Else's Stuff, You've Gotta Give It Back: Delaware Court Of Chancery Reminds Us That Directors Generally May Not Share Confidential Information With Stockholders Who Nominated Them

United States Commercial

HH

Hughes Hubbard & Reed LLP

Former Employees Can Have Privileged Communications With Their Former Employer's Lawyer, But Cannot Waive Its Privilege

United States Commercial

ML

McGuireWoods LLP

IRS Issues Proposed Regulations Governing Donor Advised Funds

United States Commercial

SJ

Steptoe LLP

S.D.N.Y. Takes A Demanding View Of The "Functional Equivalent" Doctrine

United States Commercial

ML

McGuireWoods LLP

Recent Special Master Decisions Highlight 2 Novel Ways To Lose Attorney-Client Privilege

United States Commercial

DM

Duane Morris LLP

Safety Perspectives From Region 6: Fatality And Catastrophe Investigations, Part II—Reports, Privilege, And Witness Statements

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Proposed Amendments To FRCP 26 Should Streamline Discovery

United States IP

SP

Squire Patton Boggs LLP

Fifth Circuit Upends ‘Ultimate Employment Decision' Requirement For Title VII Discrimination Claims

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Foxes Or Hedgehogs: Evolving Taint Team Jurisprudence

United States Criminal

WB

Womble Bond Dickinson

Corporations May Risk Waiving Privilege Protection When Communicating With Their Own Board Members

United States Commercial

ML

McGuireWoods LLP

The Supreme Court Grants Certiorari In Muldrow V. City Of St. Louis: How The Case Could Bolster Attacks Against Corporate DEI Initiatives

United States Employment

JB

Jenner & Block

Hope Is Not A Strategy And Three Other Things I Learned From The Legendary Bob Popeo

United States Commercial

M

Mintz

Privilege Implications Of Spousal Communications

United States Commercial

ML

McGuireWoods LLP

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 And The Corporation (Video)

United States Commercial

SM

Sheppard, Mullin, Richter & Hampton LLP

Protecting Privilege In Case Of A Dispute With Former Director

United States Commercial

SM

Sheppard, Mullin, Richter & Hampton LLP

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Latest Videos

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Protecting Attorney-Client Privilege In Litigation: Avoid Costly Exposure (Video)

C

Crowley Law LLC

Live From Workplace Horizons 2025: Workforce Analytics — Do Your Data-Driven Personnel Assessments Place You At Risk? (Video)

JL

Jackson Lewis P.C.

What Does Maloney v. Murphy Mean For Congressional Investigations? (Video)

MB

Mayer Brown

Does The Attorney-Client Privilege Apply In Congressional Investigations? (Video)

MB

Mayer Brown

Wasted On The Way (Video Content)

D

Dentons

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