Privilege
More Privilege Articles
Privilege
If a Court Finds Attorney-Client Privilege Waiver, Must It Also Consider Work Product Waiver?
The attorney-client privilege provides absolute protection, but is very fragile. Work product doctrine protection does not provide absolute protection (fact work product protection can be overcome), but is robust.
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Delaware Court Addresses the Privilege Implications of an Evenly Split Corporate Board’s Feud
Not surprisingly, Delaware state courts frequently address privilege issues triggered by corporate board disputes. Those often guide other states' courts' analyses of similar scenarios.
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The Oddly Named "Fiduciary Exception" and Its "Exceptions"
Under old English trust law, courts gave trust beneficiaries access to otherwise privileged communications between the trust fiduciary and its lawyer advising him or her on trust administration matters.
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