November 24, 2021
Use of the cloud and SaaS implicates legal ethics rules requiring protection of client confidences and due diligence into third parties.
July 31, 2021
5 provisions to include in "clawback" agreements to protect attorney-client privilege and "claw back" privileged information produced in discovery.
May 5, 2021
Attorney work product doctrine generally shields communications between attorneys and legal consultants, but steps must be taken to preserve confidentiality.
October 20, 2020
According to one court, cyber incident forensic reports may lose work product protection if not created "because of" anticipated litigation and disclosed beyond the legal team. If other courts follow, the opinion may impact reports and investigations outside of cybersecurity such as regulatory compliance and HR matters.
June 27, 2020
Litigation hold notices are generally privileged, but the privilege may be lost if evidence is spoliated or through use of poor legal hold procedures.
March 6, 2019
Clawback agreements are a good way to limit the impact of disclosing privileged information, but even with them, some privilege review is necessary.
July 18, 2018
Even with a clawback agreement, protection of attorney-client privilege may be waived if information is used without objection.
October 31, 2017
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.
July 10, 2017
Discovery from in-house corporate litigation support staff is generally protected by the attorney work product doctrine and the attorney-client privilege.