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Category Archive for: Attorney Client Privilege and Attorney Work Product

Even With Clawback Agreement, Use of Material May Waive Privilege

Even with a clawback agreement, protection of attorney-client privilege may be waived if information is used without objection.

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Is Using Box the Same as Leaving Documents on a Park Bench? (Nope).

Is uploading info into file sharing sites without password protection the same as leaving it on a park bench? One judge thought so but another disagreed.

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Attorney-Client Privilege Covers Discovery From In-House Litigation Support Staff

Discovery from in-house corporate litigation support staff is generally protected by the attorney work product doctrine and the attorney-client privilege.

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A Privilege to Serve? Attorney-Client Privilege, In-House Counsel & Whistleblowing

A conflict is brewing between state and federal courts involving in-house counsel, whistleblowers and the use of attorney-client privileged information.

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Are Litigation Hold Notices Protected by Attorney-Client Privilege?

Litigation hold notices are generally privileged, but the privilege may be lost if evidence is spoliated or through use of poor litigation hold procedures.

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The Legal Ethics of Cloud Computing & SaaS

When utilizing cloud computing and SaaS, ethical rules require lawyers to protect client confidences and conduct due diligence into cloud services used.

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May Attorney Work Product be Used for Business Purposes?

Attorney work product material used for business purposes does not lose protection if it was created "because of" anticipated litigation.

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Is Your Litigation Opponent Entitled to Know the Identity of Your E-Discovery Consultant?

Must the identities of non-testifying expert witnesses be disclosed? There are differing views, but in many courts, no, absent exceptional circumstances.

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Why Clients Shouldn’t “Self-Select” Documents for E-Discovery

A recent court opinion demonstrates why it is often inadvisable to let data custodians collect their own documents for discovery in litigation.

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How to Automate Privilege Logs With E-Discovery Software

Automation of privilege log creation is a useful feature found in e-discovery software. This article explains the process.

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