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Privilege
What’s the Deal With “Intangible” Work Product? Part I
The “work product” doctrine provides an entirely separate protection from the attorney-client privilege.
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Two Federal Court Decisions in Three Days Misapply the General Choice of Laws Rules in Diversity Cases: Part III
The last two Privilege Points have addressed some federal courts’ inexplicable application in diversity cases of their host states’ substantive privilege law rather than their host states’ choice of law rules.
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Two Federal Court Decisions in Three Days Misapply the General Choice of Laws Rules in Diversity Cases: Part II
Last week’s Privilege Point noted that some federal courts erroneously apply their host state’s substantive privilege law rather than properly applying their host state’s choice of law rules — which might result in another state’s privilege law applying.
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Two Federal Court Decisions in Three Days Misapply the General Choice of Laws Rules in Diversity Cases: Part I
Not surprisingly, federal courts handling federal question cases apply federal common law privilege principles (essentially textbook-type generic rules).
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Two Courts Address The Greatest Risks to Internal Corporate Communications' Privilege Protection: Part II
Last week’s Privilege Point described the illogical but scary Vioxx doctrine, which some courts apply to deny privilege protection ab initio to intra-corporate communications simultaneously seeking advice both from lawyers and non-lawyers.
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Two Courts Address The Greatest Risks to Internal Corporate Communications' Privilege Protection: Part I
Lawyers representing corporations all recognize the privilege waiver risk of disclosure to outsiders. But there are two huge risks to privilege protection even for internal corporate communications.
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What Can Corporations Safely Share With Their Auditors?
Corporations risk waiving their fragile privilege protection by sharing protected communications with even the friendliest outsiders — such as their retained public relations consultants, etc. They must disclose some information to their auditors, but does that waive corporations’ privilege protection?
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