Several recent Privilege Points have described most courts' narrow interpretation of the "common interest" doctrine – which allows disclosure of privileged communications to a third party without triggering a waiver.

Most courts recognize that privilege and work product protections essentially "evaporate" when the client forms the intent to disclose the communication or document to a third party.

In most states (Illinois being the main exception), attorney-client privilege protection extends to communications between a corporation's lawyers and (1) employees with facts the lawyers need, regardless of the employee's place in the hierarchy, and (2) employees with a "need to know" the lawyers' advice about those facts.

Under what is called the Sporck doctrine, courts sometimes extend opinion work product protection to a lawyer's litigation-related selection of certain documents that are not intrinsically protected by the attorney client privilege or the work product doctrine.

In In re Amerlink, Ltd., a Chapter 11 Trustee settled numerous adversary proceedings, including an action against several of the debtor's senior executives.

Under the majority view, the only client agents/consultants inside privilege protection are those essential for the client-lawyer communications.

In some situations, such discovery must be appropriate because the trial lawyer possesses relevant knowledge about some historical event.

The work product doctrine varies dramatically from the attorney-client privilege in many important respects.

For decades, companies trying to cooperate with the government have hoped for a change in the general rule that disclosing privileged communications and/or work product to the government waives those protections.

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

Defendant appraised the Relator's property and subsequently brought an expropriation suit after Relator failed to sell his property for its appraised value.

Limited Liability Corporations combine the characteristics of corporations and partnerships.

Not surprisingly, a litigant's deliberate disclosure of privileged communications nearly always triggers a waiver, and often a subject matter waiver.

A discussion explaining the work product doctrine.

If adversity develops among former joint clients, any of the joint clients generally can obtain access to all of the joint communications and use them in the dispute.

Courts universally use the term "waiver" when describing clients' loss of privilege protection upon disclosure of privileged communications.

Under Federal Rule of Evidence 502(d), a federal court "may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court."

If DHS is the rock, DOJ is the hard place and employers are stuck in between.

Rebecca Mullis attended an online program for Medical Diagnostic Sonography through Mountain State University.

Trinh Ngoc Pham v. The Church for the Healthy Self, A/K/A CHS Trust, et al. is a putative class action filed in the Superior Court of California seeking damages related to a church-based investment...