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Privilege

Can Any Data Breach Investigation Report Deserve Protection? Part II

Last week’s Privilege Point described a data breach victim’s latest losing effort to claim privilege protection for its consultant’s investigation report. Leonard v. McMenamins Inc., Case.

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Privilege

Can Any Data Breach Investigation Report Deserve Protection? Part I

Companies and even law firms suffer data breaches, and usually claim privilege and work product protection for the inevitable resulting investigation.

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Privilege

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 — as long as the communications focus on the former employees’ tenure at the company.

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Privilege

Sending an Adversary a Draft Complaint Does Not Waive Privilege or Work Product Protection

Would-be litigants sometimes send a draft complaint to the would-be adversary — either to deter their bothersome conduct or to spur settlement talks.

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Privilege

Can Litigants on Opposite Sides of the "v." Ever Enter Into a Common Interest Agreement?

Separately represented clients sometimes may avoid the normal waiver implications of sharing privileged communications by entering into a common interest agreement — but such contractual arrangements frequently do not work.

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Privilege

Attorney-Client Privilege Lasts Forever -- What About Work Product Protection?

Attorney-client privilege protection lasts forever, but determining work product doctrine protection’s duration presents a more subtle analysis.

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Privilege

The Crypto King's and Other's Reliance on Legal Advice: Part III

The last two Privilege Points have addressed the implied waiver implications of litigants (defendant in the Crypto King’s trial and plaintiff in the case described last week) relying on legal advice to defend against or assert a claim.

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