Holiday parties are great times to socialize and network with colleagues.  But the casual atmosphere and the sometimes-plentiful adult beverages can also tempt you to tell war stories that reveal too much about your past clients, potentially violating your continuing duty of confidentiality under Model Rule 1.9.  But what’s “too much”?  If something about

You’ve probably read about the New York Times reporter who says that he overheard lawyers for President Donald Trump discuss the ongoing Russia investigation at a Washington, D.C. restaurant, and then reported on the talk — which revealed details of a strategy debate, the alleged existence of documents “locked in a safe,” and other purported

The ACLU and the Electronic Frontier Foundation have sued the Department of Homeland Security to block U.S. Customs and Border Protection personnel from searching travelers’ electronic devices without warrants.  This has implications for lawyers who cross in and out of the U.S. with phones and laptops  containing confidential client information.  The CBP’s policy, which the

The former general counsel for clothing retail giant Zara USA, Inc. can’t claim privilege in his discrimination-wrongful discharge suit for e-mails he created on a company-issued computer, said New York’s First Department court of appeals in an opinion last month — but the same material might be protected by the work-product doctrine, the court held.
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ContractWhether 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 

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.
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In late December, a sharply divided California Supreme Court ruled that legal-fee bills in closed cases aren’t necessarily covered by attorney-client privilege. Although the case involved a discovery demand sent to a government entity under the state’s public records act, some lawyers have questioned (sub. req.) how far the privilege limitations might go.
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