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Privilege primer: best practices for internal counsel
  • McMillan LLP
  • Canada
  • August 17 2011

Recent developments in the law of privilege have created issues for internal counsel with respect to three types of legal privilege: solicitor-client privilege, common interest privilege and litigation privilege.

Privilege in IP litigation
  • Shepherd and Wedderburn LLP
  • United Kingdom, European Union
  • January 20 2011

A recent spate of cases before the UK and European Courts re-considering the scope of privilege are of interest to businesses with valuable IP rights.

Privileged position
  • LK Shields
  • European Union
  • December 31 2010

Companies might think that advice from with their in-house lawyer is covered by lawyerclient privilege - but not according to a recent ruling from the European Court of Justice.

Privilege - data protection
  • Shepherd and Wedderburn LLP
  • United Kingdom, European Union
  • December 15 2010

Privilege is an issue which frequently arises in the context of litigation - the question of what can be withheld from disclosure on the basis that it is privileged communications between client and legal adviser - and a recent spate of cases before the UK and European Courts have reconsidered various aspects of the scope of privilege.

Legal professional privilege in-house or external lawyers?
  • AO HALL Advocates
  • United Kingdom, European Union, Guernsey
  • December 9 2010

In this article, we explore the boundaries of legal professional privilege in relation to in-house legal advisers.

Legal professional privilege: Akzo Nobel Chemicals Ltd and Akcros Chemicals Limited v Commission
  • RPC
  • United Kingdom, European Union
  • October 25 2010

This ruling follows Advocate General Kokott's opinion issued on 29 April 2010 at first instance, that in-house lawyers are not protected by legal professional privilege in the EU competition context.

European Court of Justice holds firm: no EU in-house privilege
  • Stikeman Elliott LLP
  • European Union
  • October 22 2010

Nearly three decades ago, the European Union's highest court adopted a two-part test for "legal professional privilege" protecting lawyer-client communications: (1) the communication must involve legal advice given for the purpose of the client's rights of defence, and (2) the advice must emanate from an "independent lawyer.

No legal privilege for in-house lawyers?
  • Reed Smith LLP
  • European Union
  • October 13 2010

On 14 September 2010, the Court of Justice of the European Union (the "COJ") issued its much anticipated judgment on the scope of legal professional privilege under EU competition law.

Legal professional privilege - issues for lawyers and clients
  • RPC
  • United Kingdom
  • October 1 2010

Legal professional privilege is a perennial issue for lawyers and their clients.

Privilege after Akzo - a checklist for in-house lawyers
  • Herbert Smith Freehills LLP
  • European Union
  • September 24 2010

The recent European Court of Justice (ECJ) decision in the Akzo case (see our e-bulletin of 14 September) has sparked renewed interest in legal professional privilege issues.