Privilege
More Privilege Articles
Privilege
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 MorePrivilege
Delaware Federal and State Courts Disagree About a Key Privilege Waiver Issue
Under some arrangements, major shareholders appoint directors to companies those shareholders partially own. Does such a company waive its privilege by disclosing its privileged documents to a designating shareholder's employees (other than its designated board members)?
Read MorePrivilege
Supreme Court Fumbles Attempt to Define Privilege Standard: Part III
The last two Privilege Points (Part I and Part II) addressed the Supreme Court's abandoned attempt to address the abstract "primary purpose" versus "one significant purpose" privilege standard in the absence of specific facts about particular documents. Interestingly, the Ninth Circuit's In Grand Jury decision mentioned what it called the "because of" test in the work product arena — before noting the inherent differences between the attorney-client privilege and work product protection.
Read More