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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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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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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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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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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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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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The Crypto King's and Other's Reliance on Legal Advice: Part II
Last week’s Privilege Point described an “advice of counsel” issue that arose in Bankman-Fried’s recent criminal trial.
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