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  • Article

    Employers Should Involve Lawyers In The Audit Of DEI Programs So That The Attorney-Client Privilege Might Apply

    To follow up on our alert regarding President Trump's Executive Order on diversity, equity, and inclusion ("DEI") initiatives within the federal government, we recommend that employers who are reviewing their DEI.
    United StatesCorporate/Commercial Law
    Shulman Rogers
    Shulman Rogers
  • Article

    Safety Perspectives From Region 6: Fatality And Catastrophe Investigations, Part II—Reports, Privilege, And Witness Statements

    This episode of our Safety Perspectives From Region 6 podcast is the second in a three-part series on fatality and catastrophe investigations ...
    United StatesEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    Partners David Greenwald And Michele Slachetka, Lead Editors Of Testimonial Privileges

    Jenner & Block Partners David M. Greenwald and Michele L. Slachetka are lead editors of the 2021 edition of Testimonial Privileges,
    United StatesCorporate/Commercial Law
    Jenner & Block LLP
    Jenner & Block LLP
  • Article

    Privilege Implications Of Spousal Communications

    Most courts hold that the incredibly fragile attorney-client privilege can be waived by disclosure even to family members (such as Martha Stewart's disclosure...
    United StatesCorporate/Commercial Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    When AI Becomes A Liability: Hallucinated Case Law, Sanctions, And The Privilege Waiver Risk (Video)

    Artificial intelligence tools are transforming legal practice, but they come with significant risks that attorneys and clients must understand. A recent federal court decision found that using public AI chatbots may waive attorney-client privilege, while courts continue to sanction lawyers for AI-generated errors in filings. Learn what steps legal departments should take to protect privileged communications and maintain ethical standards when using AI technology.
    United StatesCorporate/Commercial Law
    Taft, Stettinius & Hollister LLP
    Taft, Stettinius & Hollister LLP
  • Article

    Year Ends With Usual Ambiguities For Corporate World

    In the midst of an improving economy, a robust IPO market and a selective M&A landscape, the corporate world in 2014 leaves us with the usual variety of year-end ambiguities.
    United StatesCorporate/Commercial Law
    Duane Morris LLP
    Duane Morris LLP
  • Article

    General Counsel's Growing Prominence May Prompt Privilege Problems

    Michael Peregrine and William Schuman wrote this bylined article on how the emerging best practice of granting general counsel greater organizational prominence can have an unintended consequence...
    United StatesLitigation, Mediation & Arbitration
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Electronic Communications Dramatically Complicate Choice Of Law Analysis

    As explained in previous Privilege Points, courts frequently must decide which state's privilege law applies to communications involving several states. Fed. R. Evid. 501 states that federal courts...
    United StatesCorporate/Commercial Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Florida Federal Court Mentions Two Ways The Work Product Doctrine Differs From The Attorney-Client Privilege

    The ancient attorney-client privilege: (1) protects communications primarily motivated by clients' request for legal advice, regardless of any litigation on the horizon; and (2) protects...
    United StatesCorporate/Commercial Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    The Tennessee Business Court Tackles Privilege Claims

    The Tennessee Business Court has provided additional guidance to commercial litigators concerning internecine legal battles between members of limited liability companies.
    United StatesCorporate/Commercial Law
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Spring Round-Up

    New York courts issued significant estate litigation rulings this spring, addressing undue influence claims, attorney-client privilege protections, and the admission of lost wills. These decisions clarify important procedural and substantive standards for estate practitioners navigating complex probate disputes.
    United StatesFamily and Matrimonial
    Farrell Fritz, P.C.
    Farrell Fritz, P.C.
  • Article

    Can Companies Rely On A Special Litigation Committee Report To Dismiss Derivative Cases — Without Disclosing The Report?

    When shareholders file a derivative case, companies often form a special litigation committee to investigate the alleged wrongdoing.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Books And Records Demand: Inspection Of Privileged Documents

    The Court of Chancery has broad discretion to determine which categories of books and records a Delaware corporation must produce for inspection.
    United StatesCorporate/Commercial Law
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Can Transaction Parties Rely On The Common Interest Privilege?

    Alison Nadel and Erika Pont wrote this bylined article on whether parties to a transaction should share legal advice among themselves to save money and time.
    United StatesLitigation, Mediation & Arbitration
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    How Do Courts Treat LLCs For Privilege Purposes?

    Limited Liability Corporations combine the characteristics of corporations and partnerships.
    United StatesLitigation, Mediation & Arbitration
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Delaware Starts Unclaimed Property "Compliance Reviews" (Different From Audits)

    If the Delaware Office of Unclaimed Property believes that a person may have filed an "inaccurate, incomplete, or false report," the State Escheator may authorize a "compliance review" under Del. Code Ann. tit. 12, § 1170(b).
    United StatesCorporate/Commercial Law
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    The Attorney-Client Privilege Obviously Protects Internal Law Firm Communications, Right?

    The attorney-client privilege protects communications primarily motivated by clients' request for legal advice, and lawyers' response.
    United StatesCorporate/Commercial Law
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Navigating The Attorney-Client Privilege Waiver Tightrope

    The United States District Court for the District of Rhode Island cast a spotlight on the doctrine of implied waiver of attorney-client privilege in a recent False Claims Act ("FCA") case.
    United StatesCoronavirus (COVID-19)
    Crowell & Moring LLP
    Crowell & Moring LLP
  • Article

    Corporate Privilege: Nuances Of Delaware Law And Recommendations On How To Preemptively Protect Privilege In The Event Of A Future Dispute Between A Former Director And The Corporation (Video)

    Corporate Privilege: Nuances of Delaware Law and Recommendations on How to Preemptively Protect Privilege in the Event of a Future Dispute Between a Former Director...
    United StatesCorporate/Commercial Law
    Sheppard
    Sheppard
  • Article

    Former Employees Can Have Privileged Communications With Their Former Employer's Lawyer, But Cannot Waive Its Privilege

    In all but a few states, the attorney-client privilege can protect a company's lawyer's communications with former company employees...
    United StatesCorporate/Commercial Law
    McGuireWoods LLP
    McGuireWoods LLP

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