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McCann FitzGerald | United Kingdom | 20 Feb 2020

Privileged material not compellable by regulator

The Court of Appeal in England & Wales has found that an audit client may refuse to disclose documents to its auditor’s regulator on the ground of


Herbert Smith Freehills LLP | United Kingdom | 19 Feb 2020

Important decision on privilege in a regulatory context

In a judgment handed down yesterday, the Court of Appeal found that an audit client could not be compelled to produce its privileged documents to its


Freshfields Bruckhaus Deringer | United Kingdom | 19 Feb 2020

Reversal of the bombshell: the UK's FRC is not entitled to compel privileged documents

Audit firm clients (and audit firms themselves) may breathe a - cautious - sigh of relief. In September 2018, the English High Court made a


Stewarts | United Kingdom | 18 Feb 2020

Dominant purpose test applies to privilege says Court of Appeal

In the latest of a flurry of recent cases dealing with legal professional privilege, the Court of Appeal has clarified that there is a ‘dominant


Herbert Smith Freehills LLP | United Kingdom | 18 Feb 2020

Court of Appeal finds regulator cannot demand production of client’s privileged documents unless statute overrides privilege

In a judgment handed down this morning, the Court of Appeal has held that an audit client was not required to hand over its privileged documents in


Herbert Smith Freehills LLP | United Kingdom, Hong Kong | 18 Feb 2020

One step closer - English Court of Appeal aligns itself with other common law jurisdictions to find legal advice privilege subject to a “dominant purpose” test

Clients and legal practitioners often come across a fairly common question during the course of discoverydisclosure in litigation or arbitration: is


Wilmer Cutler Pickering Hale and Dorr LLP | USA, United Kingdom | 13 Feb 2020

Unleash the Cranky Alpaca: Legal Advice Privilege and Multiparty Emails

In Civil Aviation Authority v R (on the application of Jet2 Ltd) 2020 EWCA Civ 35, the English Court of Appeal provided clear guidance on the


Freeman Mathis & Gary | USA | 6 Feb 2020

What Should a California Lawyer Do With An Inadvertently Produced Privileged Document?

Sometimes privileged documents are accidentally produced to opposing counsel. Usually, this occurs in a document production in a lawsuit where


McGuireWoods LLP | USA | 5 Feb 2020

Privilege Issues In High-Profile Corporate Sexual Harassment Case: Part IV

The last three Privilege Points described six favorable analyses from a Southern District of New York decision (Judge Gorenstein) assessing defendant


Herbert Smith Freehills LLP | United Kingdom | 31 Jan 2020

Court of Appeal confirms instructions to law firm relating to escrow monies were privileged

The Court of Appeal has upheld a High Court decision which rejected an application for disclosure of documents containing a client’s instructions to

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