Worldwide: Privilege

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Business law and corporate law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve business and corporate law produced by specialists working in this area every day.

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

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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

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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

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Outside GC

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

United States Employment

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Jackson Lewis P.C.

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

United States Employment

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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

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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

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Ward and Smith, P.A.

Electronic Communications Dramatically Complicate Choice Of Law Analysis

United States Commercial

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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

Mass Deportations: How Donald Trump Is Weaving A 'Dangerous' Web Of 'Host Countries'

United States Immigration

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Green and Spiegel

Evolving Challenges In Employment Mediation: Managing Emotions, Shifting Strategies And Legal Trends (Podcast)

United States Employment

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JAMS

Fair Use In AI Training: What Is Considered "Transformative?" (Podcast)

United States Technology

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Lewis Brisbois Bisgaard & Smith LLP

[PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives To Reach Effective Settlements

United States Litigation

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JAMS

Resolving Construction Conflicts Efficiently: A Guided Mediation Approach

United States Litigation

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JAMS

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

Imagine that your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business torts.

United States Commercial

Wa

Ward and Smith, P.A.

Navigating The Attorney-Client Privilege Waiver Tightrope

The United States District Court for the District of Rhode Island cast a spotlight on the doctrine of implied waiver of attorney-client privilege in a recent False Claims Act ("FCA") case.

United States Coronavirus

CM

Crowell & Moring LLP

Putting Generative AI To Work In Discovery

Generative AI or "GenAI" is already transforming how we handle discovery in numerous ways, including: Providing faster access to meaningful information and key documents to help quickly understand and...

United States Technology

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K&L Gates LLP

Breaking LGBTQ+ Barriers: From Covering To Inclusivity (Podcast)

LGBTQIA+ Pride Month is a time to celebrate our pride and reflect on the importance of employees feeling aligned and supported when coming out in the workplace.

United States Commercial

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Jackson Lewis P.C.

Attorney-Client Privilege Can Live On After A Company Dissolves

United States Commercial

SG

Selendy Gay

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

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

United States Commercial

Smith Anderson

Navigating Corporate Disputes Stemming From Regulatory Violations And Enforcement Actions

United States Litigation

ML

Milbank LLP

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

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

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McGuireWoods LLP

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

United States Commercial

DM

Duane Morris LLP

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

In all but a few states, the attorney-client privilege can protect a company's lawyer's communications with former company employees...

United States Commercial

ML

McGuireWoods LLP

IRS Issues Proposed Regulations Governing Donor Advised Funds

The Department of Treasury (Treasury) and the Internal Revenue Service (IRS) released proposed regulations governing taxes on taxable distributions from Donor Advised Funds (DAFs) under section 4966...

United States Commercial

SJ

Steptoe LLP

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

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.

United States Commercial

ML

McGuireWoods LLP

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

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...

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

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

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...

United States Employment

JB

Jenner & Block

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

Many of you have asked me to tell you a story about Bob Popeo, one of the greatest lawyers of the modern era.

United States Commercial

M

Mintz

Privilege Implications Of Spousal Communications

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...

United States Commercial

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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)

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...

United States Commercial

SM

Sheppard Mullin Richter & Hampton

Protecting Privilege In Case Of A Dispute With Former Director

United States Commercial

SM

Sheppard Mullin Richter & Hampton

This Action Fell Just Short Of Possible Discrimination And Retaliation. (Whew!)

United States Employment

FB

Fisher Broyles

What Does The Supreme Court's Decision Not To Review The Standard For Attorney-Client Privilege Mean For Employers?

United States Employment

LM

Littler Mendelson

Privileged Communications With Corporate Counsel

United States Commercial

MM

McLane Middleton, Professional Association

Thoughts For In-House Counsel: Attorney-Client Privilege

United States Litigation

RB

Reinhart Boerner Van Deuren s.c.

(Update) Battle Over SEC's Attempt To Compel Law Firm To Comply With Subpoena Into Cyberattack Continues

United States Commercial

FK

Frankfurt Kurnit Klein & Selz

SCOTUS (Almost) Weighs In On Attorney-Client Privilege For Dual Purpose Communications: 5 Practical Tips To Protect Privilege

United States Commercial

SM

Sheppard Mullin Richter & Hampton

Revisiting The Attorney Client Privilege In The Wake Of The Supreme Court's Dismissal Of In Re Grand Jury

United States Litigation

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Mintz

"Sound And Fury . . . ": The Supreme Court Throws Up Its Hands On The Attorney-Client Privilege

United States Commercial

FK

Frankfurt Kurnit Klein & Selz

Supreme Court DIGs In Re Grand Jury

United States Commercial

AP

Arnold & Porter

Supreme Court Hears Argument In Matter That May Expand Scope Of Privilege For Dual-Purpose Communications

United States Litigation

JB

Jenner & Block

Supreme Court Considers Test For Application Of Attorney-Client Privilege To So-Called "Dual-Purpose" Communications

United States Commercial

AO

A&O Shearman

Forfeiture And Reinstatement Under The Texas Franchise Tax

United States Commercial

F

Freeman Law

Conducting An Effective Internal Investigation — An Overview

United States Criminal

JD

Jones Day

LLC Business Records: Membership Has Its Privileges

United States Commercial

BF

Berman Fink Van Horn P.C.

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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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