Privilege
More Privilege Articles
Privilege
The Common Interest Doctrine — Courts' Disagreements and a Warning
The common interest doctrine can sometimes protect from the otherwise harsh privilege waiver impact normally triggered by the sharing of privileged communications among separately represented clients.
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Southern District of California Applies the Sporck Doctrine
In 1985, the Third Circuit protected as opinion work product a lawyer's "selection and compilation of [intrinsically unprotected] documents . . . in preparation for pretrial discovery."
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Analyzing an Inadvertent Production’s Waiver Impact: What Does the “Inadvertent” Element Mean?
In federal court and in state courts following the same approach, Fed R. Evid. 502(b) sometimes allows claw backs if a privileged document's production was "inadvertent." That term could have several meanings — ranging from a mistaken legal analysis to accidental inclusion of the document in a production.
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