More Privilege Articles

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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