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Lawyers serving on corporate boards normally do not deserve privilege protection
  • McGuireWoods LLP
  • USA
  • September 12 2018

Not surprisingly, corporate board members realizing that a lawyer sits among them might turn to their colleague for legal advice. They may not

Court rejects a personal injury plaintiff's effort to overcome defendant's work product protection for accident scene photographs
  • McGuireWoods LLP
  • USA
  • September 5 2018

Defendants' accident scene photographs usually deserve work product protection if the defendants reasonably anticipated litigation. But plaintiffs

The attorney-client privilege does not protect all lawyer changes to draft documents
  • McGuireWoods LLP
  • USA
  • August 29 2018

Some courts erroneously fail to extend privilege protection to draft documents prepared by or revised by a lawyer before their final disclosure beyond

Cross-border investigations: When are documents developed in the course of an internal investigation protected by legal privilege?
  • K&L Gates
  • USA, United Kingdom, Germany
  • August 27 2018

A recent decision by Germany’s Federal Constitutional Court (Bundesverfassungsgericht) (“FCC”) 1 has renewed important questions with

Concluding the 2016 Persuader Rule Changes “Exceeded Authority” of the LMRDA, DOL Rescinds Them
  • Proskauer Rose LLP
  • USA
  • August 9 2018

The Department of Labor fully rescinded the 2016 changes made to the Persuader Rules. The DOL concluded that the 2016 rule changes “exceeded the

Judge Kavanaugh Supports Strong Attorney-Client Privilege
  • Squire Patton Boggs
  • USA
  • August 8 2018

D.C. Circuit Court of Appeals Judge and Supreme Court nominee Brett Kavanaugh proves a staunch defender of attorney-client privilege for companies. In

Attorney-client privilege in context of internal investigations
  • Gün + Partners
  • USA, Turkey
  • August 6 2018

In the absence of any clear guidance with regard to attorney-client privilege and white collar crime, a recent Competition Board interpretation is a

California Appellate Court Rules in Favor of Defunct National Conference of Black Mayors and Controversial Former Sacramento Mayor Kevin Johnson in Novel Public Records Act Attorney Fee Litigation
  • Miller Starr Regalia
  • USA
  • July 31 2018

On July 25, 2018, the Third District Court of Appeal published Nat’l Conference of Black Mayors v. Chico Community Publishing, Inc. , __ Cal.App.5th

Bad Faith Actions in South Carolina: Will Attorney-Client Privilege Survive?
  • Nexsen Pruet
  • USA
  • July 31 2018

South Carolina’s attorney-client privilege protects against the disclosure of communications pursuant to which legal advice of any kind is sought by

Does a Third Party's Presence Destroy the Attorney-Client Privilege and the Work Product Doctrine Protections?
  • McGuireWoods LLP
  • USA
  • July 25 2018

Most privilege and work product cases focus on those two protections' applicability to documents or communications, or on the waiver effect of