More Privilege Articles

Privilege

Did S.D.N.Y Mean to Apply Expansive Common Interest Doctrine?

Under the widely recognized common interest doctrine, separately represented clients may sometimes contractually avoid the otherwise inevitable privilege waiver when sharing privileged communications.

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Privilege

Relying on an Investigation May Not Forfeit All Privilege Protection

Clients relying on an investigation’s result to gain some advantage understandably trigger a subject matter waiver.

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Privilege

Rare Opinion Extends Privilege Protection to Implicit Request for Legal Advice

Overworked judges assessing possible privilege protection for the increasing volume of often-cryptic emails withheld from production understandably look for a client’s explicit request for legal advice from a lawyer.

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