Some readers have asked why Privilege Points have only rarely focused on work product issues in the insurance context.

Attorney-client privilege protection lasts forever, but determining work product doctrine protection's duration presents a more subtle analysis.

Another flurry of court activity has further muddied the Corporate Transparency Act (CTA) waters, leaving additional uncertainty about its enforceability.

The differing waiver rules governing the fragile attorney-client privilege and the robust work product doctrine protection predictably create stark differences...

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.

Clients relying on an investigation's result to gain some advantage understandably trigger a subject matter waiver. But some courts recognize that those clients may still claim privilege for some related communications.

Because work product protection only applies at certain times, clients must be able to identify the exact moment that they first anticipated litigation.

Numerous Privilege Points have described cases concluding that advertising agencies are outside privilege protection but inside work product protection...

This summer, the Federal Trade Commission ("FTC") will once again tighten the belt on entities that offer financial products and services when another round of amendments...

On Oct. 3, 2023, the city of Alexandria released its draft Zoning for Housing-related amendments for community review.

One of the greatest risks to corporate clients' privilege protection is their executives' and even their lawyers' misunderstanding about the availability of privilege protection...

On Oct. 10, 2023, the Arlington County Board held a working session with economic development staff to discuss potential policy changes to facilitate office-residential projects.

Arlington County Manager Mark Schwartz announced on Jan. 23, 2024, that Arlington County will draft and potentially adopt office conversion regulations in the first half of 2024.

The Board of Supervisors of Fairfax County, Virginia, will hold a public hearing at its Sept. 26, 2023, meeting to consider the adoption of Affordable Housing Preservation Administrative Guidelines.

The Fauquier County Board of Supervisors adopted guidelines to control new data center developments on Dec. 14, 2023. The policy is the product of collaboration between the county's planning staff...

On Nov. 8, 2023, Los Angeles Mayor Karen Bass signed Executive Directive No. 7, which aims to streamline and accelerate housing production in Los Angeles.

Changes are coming to Fairfax and Loudoun counties' public hearing processes after state-level changes to notice requirements became effective on July 1, 2023.

Notable litigation filed during January 2024 includes: (1) Bajuri v. Shiba Prop, LLC, et al. and (2) SEC v. Lee, et al.

Defendants seeking to avoid liability by relying on a lawyer's advice trigger a classic "implied waiver." Although asserting that defense does not itself disclose any privileged...

On Aug. 2, 2023, the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) announced...