More Privilege Articles


Corporations May Risk Waiving Privilege Protection When Communicating With Their Own Board Members

It seems obvious that corporations do not waive privilege protection by disclosing privileged communications to their own board members. But what about outside board members receiving such communications where they work or live?

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Texas Federal Court Applies the “At Issue” Waiver Doctrine

Clients can waive their privilege protection by intentionally or accidentally disclosing privileged communications, or by explicitly relying on privileged communications (such as pleading “advice of counsel” as a defense). They can also waive their privilege protection without disclosure and without such explicit references.

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Privilege Implications of Spousal Communications

Most courts hold that the incredibly fragile attorney-client privilege can be waived by disclosure even to family members (such as Martha Stewart’s disclosure to her own daughter). The separate "spousal privilege" recognized in many states complicates the analysis with those family members.

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