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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...

Some courts require litigants withholding protected documents to provide evidentiary support for the withholding along with their privilege log.

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...

April Fool’s–a day that one cannot trust what one reads on the Web, is fortunately over.

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...

A discussion on where do the courts look when determining whether a litigant has proven attorney client privilege, as some courts assess a privilege or work product claim by relying on extrinsic evidence such as affidavits, while other courts look primarily or exclusively at the withheld documents themselves.

Unlike the rules-based work product doctrine, the attorney-client privilege developed organically in every United States jurisdiction.

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."

Although the attorney-client privilege does not rest on constitutional principles, criminal defendants' right to counsel generally prevents the government from intruding into privileged communications.

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.

The IRS announced Friday that it has selected 50 companies to get a special 409A audit.