All Articles
Privilege
Client Consultants' Role Can Change Over Time, With Differing Waiver Implications
Some lawyers erroneously assume that the fragile attorney-client privilege protection normally survives disclosure (by them or by their clients) to the client’s consultant/agent. That can be true in very limited circumstances, depending on that consultant/agent’s role — which can change over time.
Read MorePrivilege
Pennsylvania Federal Court Helpfully Distinguishes Between Privilege and Work Product Protection
The last several Privilege Points have emphasized the different waiver implications of disclosing privileged communications and protected work product. For the most part, the distinctions rest on the very different societal benefits and costs of the ancient attorney-client privilege and the relatively new work product doctrine.
Read MorePrivilege
Waiver Implications of Disclosing Work Product to the Government
Last week's Privilege Point described a court's refreshingly correct acknowledgment that disclosing work product to friendly third parties does not waive that robust protection — in contrast to the more fragile privilege protection.
Read MorePrivilege
Some Courts Understand Work Product Waiver, and Some Don’t
Unlike the very fragile attorney-client privilege (which can be waived even by disclosure to family members), the more robust work product doctrine protection survives disclosure to friendly third parties.
Read MorePrivilege
Are All Government Agencies Part of One “Client” for Privilege Purposes?
Courts take differing positions on the "client's" identity in the government setting. Among other things, such differing positions might affect the waiver implications of one government agency disclosing its privileged communications to another government agency.
Read MoreArtificial Intelligence
Employers Beware: The Rise of AI (Regulation)
Whether companies intentionally integrate AI, or their employees merely experiment with chatbots, employers should assess their current policies, practices and training to keep pace with the law. Accordingly, this article summarizes recent AI regulations that affect employers and offers guidance for evaluating compliance.
Read MoreEmployee Benefits (ERISA)
We’ve Come to the End of the COVID-19 Outbreak Period Road
Federal Regulators Issue New Benefit Plan Guidance
Read More