Dicey Application Of Legal Privilege In Data Cases

Certain information generated by your company, even the results of entire investigations, may be legally protected from exposure to people outside the company. While this seems like the holy grail to executives worried about nosey media, plaintiffs' counsel or intrusive regulators finding the company's dirty laundry, the protections are limited and can only be applied in particular situations. Recent lawsuits have shown that attempts to apply the protections too broadly may lead to disaster.

U.S. law provides privileges to protect legal work and advice. The first of these is the privilege accorded to clients when consulting with their lawyers. Since ancient times, an attorney cannot be forced to reveal to any third party what a client told that attorney, or the advice returned, except in very specific circumstances. The privilege exists where there is an attorney-client relationship for matters where the client is seeking legal advice. The attorney may not volunteer