More Privilege Articles

Privilege

Privilege and Work Product Protection for Corporate Investigations After Clark Hill: Part IV

McGuireWoods partner, Thomas Spahn, picks up from his previous three Privilege Point articles that addressed a large law firm's failure to successfully assert privilege or work product protection for its own internal investigation into its own data breach.

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Privilege

Privilege and Work Product Protection for Corporate Investigations After Clark Hill: Part III

McGuireWoods partner Thomas Spahn's last two Privilege Points addressed privilege and work product protection for corporate investigations. Here he picks up where he left off.

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Privilege

Privilege and Work Product Protection for Corporate Investigations After Clark Hill: Part II

In his last Privilege Point, McGuireWoods partner, Thomas Spahn, noted a large law firm's failure to protect its own data breach investigation as privileged or as work product. Wengui v. Clark Hill, PLC, --- F.R.D. ---, 2021 U.S. Dist. LEXIS 5395 (D.D.C. Jan. 12, 2021). Courts assessing such protections normally first examine what initiated the corporate investigation — applying the "primary purpose" tests mentioned last week. Here, he picks up where he let off.

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