More Privilege Articles

Privilege

Court Provides Useful Guidance for Preparing a Defensible Privilege Log

In earlier times, litigants essentially trusted each other to withhold (without identifying) responsive documents protected by the attorney-client privilege or the work product doctrine. Now every court seems to require a privilege "log" listing the withheld documents (although the Federal Rules do not require such a "log").

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Privilege

Texas Courts' Contradictory Approach to the Common Interest Doctrine

The common interest doctrine sometimes allows separately represented clients to avoid the normal privilege waiver implications when sharing their privileged communications.

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Privilege

Court Addresses Privilege Protection for Litigation Holds

Companies in or anticipating litigation normally impose litigation holds. If litigation ensues, does the attorney-client privilege or the work product doctrine protect the content of such a hold or the fact of its imposition?

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