Privilege
More Privilege Articles
Privilege
Another Court Finds Public Relations Consultants Outside Privilege Protection
One of the greatest risks to corporate clients' privilege protection is their executives' and even their lawyers' misunderstanding about the availability of privilege protection for communications with public relations consultants. A remarkable number of cases address this scenario, and almost without exception courts reject privilege protection for communications with, or shared with, such consultants.
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Drawing the Line Between a Privileged Communication’s Occurrence and Its Content
All or most courts assessing deposition objections distinguish between questions focusing on: (1) the occurrence of a privileged communication; and (2) its content. Not surprisingly, that line can sometimes be hard to draw.
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State Supreme Court Seems to Ignore Its Own Work Product Rule
Because what is called "opinion work product" deserves higher protection than fact work product (and in many courts enjoys "absolute or nearly absolute" protection), litigants understandably seek to withhold documents on that basis. Fed. R. Civ. P 26(b)(3) explains that such highly protected opinion work product can be created by "a party's attorney or other representative." (Emphasis added.)
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