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McGuireWoods LLP | USA | 13 Feb 2019

Courts Take Expansive View of the Common Interest Doctrine

Under the common interest doctrine, separately represented clients can avoid the normal waiver implications of disclosing privileged communications to


McGuireWoods LLP | USA | 16 Aug 2017

Drawing the Line Between Waiver and Non-Waiver: Part II

Last week's Privilege Point described a New York court's predictable waiver conclusion based on a client's description of his intended future conduct


McGuireWoods LLP | USA | 9 Aug 2017

Drawing the Line Between Waiver and Non-Waiver: Part I

Clients describing their past or intended future actions obviously do not waive their privilege protection - even if the clients are following their


McGuireWoods LLP | USA | 14 Jun 2017

What Type of "Common Interest" Satisfies the Common Interest Doctrine?

Some lawyers incorrectly assume they can contractually assure that disclosing privileged communications to third parties does not waive the privilege


McGuireWoods LLP | USA | 31 May 2017

Who Can Waive Corporations' Privilege Protection?

In Upjohn states, corporations' privilege can protect (1) communications in which corporate employees at any hierarchical level give the company's


McGuireWoods LLP | USA | 17 May 2017

Privilege Implications of an Explicit or Implicit "Advice of Counsel" Defense: Part II

Last week's Privilege Point described the normal broad subject matter waiver triggered by litigants' explicit defensive reliance on legal advice


McGuireWoods LLP | USA | 8 Feb 2017

Courts Continue to Insist that Common Interest Participants Anticipate Litigation

The common interest doctrine can allow separately represented clients to safely share privileged communications in certain circumstances. Although


McGuireWoods LLP | USA | 2 Nov 2016

Does Releasing an Internal Investigation Report Always Trigger a Subject Matter Privilege Waiver?

One might think that a corporation or government entity would always trigger a subject matter privilege waiver by disclosing an internal investigation


McGuireWoods LLP | USA | 19 Oct 2016

Can You "Undo" an Implied Waiver?

An intentional express disclosure of privileged communications normally triggers an irreversible waiver, although the disclosure might or might not


McGuireWoods LLP | USA | 15 Jun 2016

Court Analyzes a Subject Matter Waiver's Scope

Once a feared effect of disclosing privileged communications (sometimes even inadvertently), subject matter waivers now occur in most courts only

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