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

Although lawyers understandably focus mostly on the privilege that they enjoy when communicating with their clients, other professionals...

Atlanta senior counsel Drew Phillips is featured atop Law360's Expert Analysis column with an engaging piece titled "Can DraftKings Dodge Data Class Action Via Arbitration?"

Companies facing ongoing or threatened litigation must sometimes estimate their likely or possible financial exposure — for internal purposes...

Litigants relying on testifying experts can look to federal or state court rules in determining what they must disclose or may withhold.

McGuireWoods partner and former Deputy U.S. Attorney General George Terwilliger discusses, in a National Law Journal op-ed piece published September 16, a memo recently issued by Deputy Attorney General Sally Yates

Would-be litigants sometimes send a draft complaint to the would-be adversary — either to deter their bothersome conduct or to spur settlement talks.

Although the Federal Rules do not explicitly require privilege logs, every court seems to do so.

As noted in several previous Privilege Points, courts have great difficulty assessing privilege protection for communications relating to a Rule 30(b)(6) deposition...

Under the common interest doctrine, separately represented clients may sometimes contractually avoid the normal waiver impact of disclosing privileged communications to each other.

Federal courts have eliminated nearly any chance for unsuccessful trial court litigants to immediately appeal adverse privilege or work product rulings – inexplicably rejecting the obvious...

Clients can waive their privilege protection by intentionally or accidentally disclosing privileged communications, or by explicitly relying on privileged communications...

The so-called "crime-fraud exception" can strip away privilege protection from otherwise privileged communications that further clients' future criminal or fraudulent conduct.

A long time ago in the e-discovery world, sometime pre-2006, the generally accepted practice was to de-duplicate documents within each custodian's files.

Corporations risk waiving their fragile privilege protection by sharing protected communications with even the friendliest outsiders — such as their retained public relations...

The attorney-client privilege originated in Roman law, and flourished under what John Adams labeled "that most excellent monument of human art, the common of law of England."

The Fairfax County Board of Supervisors adopted "Parking Reimagined" on Sept. 26, 2023.

Despite staff asking to defer this work until the zoning rewrite process is completed in fall 2023, the board members decided to proceed.

On July 11, 2023, the Spotsylvania County Board of Supervisors approved amendments to the county's comprehensive plan to incorporate long-term planning goals for data center uses.

The Supreme Court's decision approved the approach to the issue taken by the courts of appeals, which had uniformly endorsed the disparate impact theory.