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Articles & Interviews

Privilege

SDNY Correctly Protects Preliminary Drafts of Publicly Disseminated Documents

Not surprisingly, attorney-client privilege protection evaporates once a client and her lawyer agree that a document can be disclosed to outsiders -- even before it is disclosed. But some courts have inexplicably applied this principle to preliminary drafts.

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New Spending Package Includes Provider Relief Fund Reporting Changes and More Funding

On Dec. 27, 2020, President Trump signed the Consolidated Appropriations Act, 2021 (H.R. 133), an appropriations and stimulus package that includes changes to the Public Health and Social Services Emergency Fund (Provider Relief Fund) to assist providers responding to the COVID-19 pandemic.

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Discovery

Sending Pre-Existing Historical Documents to a Lawyer Does Not Make Them Privileged, But…

It should go without saying that sending pre-existing historical documents to a lawyer does not automatically immunize them from discovery as privileged. If it did, clients could box up all of their files and send them to a lawyer ― thus avoiding the documents’ discovery.

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