attorney-client privilege

Regulatory compliance, cyber-security issues, herding legal operations staff — in-house legal practice is more complex than ever. One element that remains a continuing challenge is protecting the organization’s attorney-client privilege. Slipping up can risk the loss of the privilege in litigation involving the company, and can potentially result in an order to produce otherwise confidential communications to the other side. What are some signs that your law department needs to tune up its privilege IQ?
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Corporate organizationfile cabinet charts increasingly include slots for departments with names like  “risk management,” “claims handling,” and the like.  When lawyers head or staff such departments, does the attorney-client privilege cover their communications with company management?  Not necessarily, says a new opinion from the Eastern District of Pennsylvania, Casey v. Unitek Global Services, Inc.

Sex discrimination

Investigation and notesBoth 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