More Privilege Articles
Does Sharing Work Product With the Government Always Waive That Protection?
Apart from an aberrational case now and then, most courts find that companies disclosing privileged communications to the government waive that fragile protection. But companies do not always waive the more robust work product protection if they disclose work product to the government – if the government acts as an ally rather than as an adversary.Read More
Fast Take: Application of Privilege to Consultants to Corporations Raises Questions (Part II)
In a previous article on p. 17 of the May/June 2018 issue, I summarized two recent cases in which courts held that communications between corporations and their consultants were not subject to attorney-client privilege. However, some cases take a more favorable view.
For example, in...Read More
FAST TAKE: Client Consultants Lose Out on Privilege Protection
The attorney-client privilege that protects confidential communications between clients and their lawyers may extend to consultants if they act as the “functional equivalent” of corporate employees. Otherwise, most courts take a very narrow view. In Durling v. Papa John’s...Read More