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New decision on the application of attorney- client privilege to communications with in-house counsel

USA - February 11 2009 A recent decision out of the Northern District of Illinois provided a more expansive application of the attorney-client privilege to communications with in-house counsel than other courts have been willing to adopt.

Hellen Park, Daniel C. Zinman

S.D.N.Y. Decision Addresses Attorney-Client Privilege in the Context of Constituency Directors

USA - April 11 2019 On March 28, 2019, a federal court in the Southern District of New York issued a decision addressing the standard for determining whether…

Scott C. Budlong

New York City Bar Opinion Stuns the Litigation Finance Markets

USA - August 16 2018 A recent New York City Bar opinion, N.Y. City Formal Op. 2018-5 ("Opinion 2018-5"), shocked both the investment and the legal communities by throwing…

Paul B. Haskel

Issuing a proper Upjohn warning will not cure multiple representation conflicts

USA - May 8 2009 A recent decision calls into question whether an Upjohn warning given by a company's lawyer to a company employee during an internal investigation is sufficient to protect the company's privilege, particularly if the company's lawyer had a prior attorney-client relationship with the employee or represents the employee concurrently.

Shari A. Brandt

California Supreme Court Decision Raises New Questions About Advance Waivers of Conflicts

USA - December 20 2018 The California Supreme Court declined to enforce a law firm’s engagement agreement on the basis of the agreement’s blanket advance conflict waiver…

Jacob Taber, Daniel C. Zinman