Privilege

Privilege

McGuireWoods LLP

Last week’s Privilege Point described the illogical but scary Vioxx doctrine, which some courts apply to deny privilege protection ab initio to intra-corporate communications simultaneously seeking advice both from lawyers and non-lawyers.

Privilege

McGuireWoods LLP

Lawyers representing corporations all recognize the privilege waiver risk of disclosure to outsiders. But there are two huge risks to privilege protection even for internal corporate communications.

Privilege

McGuireWoods LLP

Corporations risk waiving their fragile privilege protection by sharing protected communications with even the friendliest outsiders — such as their retained public relations consultants, etc. They must disclose some information to their auditors, but does that waive corporations’ privilege protection?