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Freshfields Bruckhaus Deringer | USA | 30 Jul 2020

Delaware Chancery Court Rules That Pre-Closing Attorney Client Privilege Over Deal Related Communications Stays with Sellers in an Asset Purchase

The Delaware Court of Chancery (Vice Chancellor Zurn) recently held in DLO Enterprises, Inc. v. Innovative Chemical Products Group, LLC, 2020 WL…

McGuireWoods LLP | USA | 15 Jul 2020

Another Court Finds Public Relations Consultants Outside Privilege Protection

Companies dealing with the pandemic (and finding themselves in pandemic-triggered future litigation) may seek public relations consultants’…

Macfarlanes LLP | United Kingdom | 30 Jun 2020

Financial Services and Markets Dispute Resolution Quarterly Update: June 2020

Welcome to our quarterly update, in which we review some of the key developments affecting disputes, investigations and financial crime in the…

McGuireWoods LLP | USA | 24 Jun 2020

Are “Litigation Holds” Protected by the Privilege or the Work Product Doctrine?

With pandemic-triggered litigation predicted to increase, corporations’ lawyers undoubtedly will address the possible duty to impose “litigation…

Akin Gump Strauss Hauer & Feld LLP | USA | 12 Jun 2020

CCPA: Impacts and Significance for Business

Akin Gump cybersecurity, privacy and data protection co-heads Natasha Kohne and Michelle Reed discuss the California Consumer Privacy Act and its…

Kelley Drye & Warren LLP | USA | 11 Jun 2020

Lessons Learned for Maintaining Attorney-Client Privileged Data Breach Investigation (and other Consultant) Reports

Following a data breach, companies generally launch an investigation to determine the source and scope of the breach. These efforts are often led by…

Morrison & Foerster LLP | USA | 8 Jun 2020

Recent Decision Compelling Disclosure of Data Breach Incident Response Report Highlights the Importance of Preserving Privilege and Protecting Work Product

In a time when data breaches are on the rise, a recent court ruling serves as a stark warning for companies attempting to shield from disclosure…

Skadden Arps Slate Meagher & Flom LLP | USA | 28 May 2020

SEC v. RPM International — A Cautionary Case Study on the Limits of Attorney-Client Privilege and Work-Product Protection

While much of the corporate legal world has been focused on the effects of the COVID-19 pandemic, a little-noticed case working its way through the…

Hogan Lovells | USA | 15 May 2020

Protecting attorney work product in internal investigations: A cautionary tale

On May 1, 2020, the D.C. Circuit denied RPM International’s petition for a writ of mandamus to Vacate a district court order compelling disclosure of…

RPC | United Kingdom | 12 May 2020

When will referencing a document in a witness statement waive privilege?

Parties should tread carefully when considering whether and how to reference privileged documents; deployment of a document may draw back the cloak of…
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