Since the elimination of general federal common law in 1938,1 federal courts have sought to avoid the specter of “two conflicting systems of law controlling the primary activity of citizens.”2 But ...

Opinion: For attorneys incorporating AI into their practice, the opinion in Heppner provides a roadmap for potentially protecting privilege, but one that requires intentional, measured construction.

Opinion: Companies that want to deploy artificial intelligence for legal purposes must understand the risks that poses and take concrete steps to preserve privilege.

The case clarifies that claiming an “involvement of counsel” defense doesn’t automatically waive a company's privilege unless specific communications are revealed. Courts are careful about broad ...

Not surprisingly, federal courts handling federal question cases apply federal common law privilege principles (essentially textbook-type generic rules). Federal courts sitting in diversity cases must ...

If a lawyer is a defendant to a lawsuit and their defense primarily rests on privileged information, what the lawyer is permitted to disclose often depends on what the lawyer is accused of and by whom ...

Before filing any civil lawsuit, it is important to consider the possible defenses your opponent may raise. This is particularly important is cases involving defamation, a civil claim that arises from ...

A frequent topic in the media these days is the attorney-client privilege. This is probably a consequence of the volume of high-profile legal controversies now making headlines and the comings and ...

Hoi-Yee Roper, Stacie Bourton, Andrew Waters and Katherine Harper discuss some of the developments in legal professional privilege and provide practical tips.

The policy behind the attorney-client privilege is to promote candid and open communication by clients to their attorneys without fear of disclosure. The attorney-client privilege only applies if the ...

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