The Law for Lawyers Today

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Category Archives: Work-product

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No shield for investigation interviews, district court holds in D.C. transit authority case

Posted in Privilege, Work-product
Whether you are in-house or outside counsel, your clients want the attorney-client privilege and/or work-product shield to apply to materials created as part of an internal corporate investigation.  But the applicability of these doctrines is very fact-specific, and difficult facts can doom that desired outcome.  That was the conclusion of the Washington, D.C. district court in an opinion last… Continue Reading

Privilege for communications with PR firms: recent case spotlights risk

Posted in Privilege, Work-product
Thinking of using a public relations firm to help manage a corporate crisis? Divergent interpretations of the privilege rules have led to differing legal opinions on whether communications between a PR firm and the company or defense counsel are privileged. Two different state courts of appeals ruled last month that such communications were not privileged. They illustrate the privilege risk that can arise in communications with PR firms.… Continue Reading

Privilege covers lawyer notes from GM ignition switch investigation, district court finds

Posted in Confidentiality, Privilege, Work-product
Both in-house and outside counsel can learn valuable lessons from In re General Motors, a recently-issued federal opinion on the attorney-client privilege and work-product doctrine. While some recent decisions have chipped away at the protections for attorney notes and internal memos, this opinion reaffirms that documents a lawyer creates during a corporate investigation will be… Continue Reading