United States: Privilege

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Thumbs Up For Upjohn: Sixth Circuit Upholds Privilege For Internal Investigations

On October 3, 2025, in In re FirstEnergy Corp., the U.S. Court of Appeals for the Sixth Circuit vacated a district court order that, if permitted to stand, would have required wholesale production...

United States Commercial

CW

Cadwalader, Wickersham & Taft LLP

The In-House Lawyer Question: Why The European Commission's Arguments Don't Hold Up

There's something curiously Sisyphean about the debate on legal professional privilege in competition law. Like some judicial boulders perpetually rolled uphill, only to tumble back down, the arguments...

Worldwide Anti-trust

GP

Goodwin Procter LLP

What Recent Enforcement Announcements And Judicial Decisions Mean For Internal Investigations

The decision to conduct an internal investigation has never been an easy one for companies. Internal investigations are often the best way to get to the bottom of compliance concerns, protect privilege...

United States Criminal

WR

Wiley Rein

Beyond The Perimeter: Securing OAuth Tokens And API Access To Thwart Modern Cyber Attackers

OAuth tokens streamline access but create new vulnerabilities that threat actors are exploiting. Learn how to secure token infrastructure through robust monitoring, governance, and vendor management.

United States Technology

GP

Goodwin Procter LLP

ETF Share Class: ICI Highlights Key Operational Considerations

United States Commercial

D

Dechert

DOJ Antitrust Division Launches 'Comply With Care' Task Force To Combat Gamesmanship In Investigations

United States Anti-trust

HH

Hughes Hubbard & Reed LLP

The End Of The Shareholder Rule: Aabar, Jardine, And The Future Of Corporate Privilege

United States Commercial

W

WilmerHale

Protecting Attorney-Client Privilege In Litigation: Avoid Costly Exposure (Video)

United States Commercial

C

Crowley Law LLC

SB 261 Compliance In Practice: A Roadmap For Legal And Sustainability Leaders

United States Commercial

OG

Outside GC

Live From Workplace Horizons 2025: Workforce Analytics — Do Your Data-Driven Personnel Assessments Place You At Risk? (Video)

United States Employment

JL

Jackson Lewis P.C.

Mintz On Air: Practical Policies Podcast – An Abridged Guide To Crisis Management (Podcast)

United States Employment

M

Mintz

Podcast - New York State Restaurant Reservation Anti-Piracy Act Cracks Down On A "Leech Industry"

United States Healthcare

HK

Holland & Knight

EEOC And DOJ Issue Guidance On DEI-Related Discrimination At Work

United States Employment

HB

Hall Benefits Law

Employers Should Involve Lawyers In The Audit Of DEI Programs So That The Attorney-Client Privilege Might Apply

United States Commercial

SR

Shulman Rogers

Importing Steel Into Mexico A Pillar Of Compliance For Suppliers Trading With Mexico

United States International

BG

Braumiller Law Group, PLLC

Top 5 Takeaways From "Advanced Mediation Strategies For Handling The Toughest Situations"

United States Litigation

J

JAMS

AI Innovation Is Accelerating, But Oversight Is Fragmented: Why ADR Must Fill The Governance Gap

United States Litigation

J

JAMS

What Foundations And Other Nonprofits Need To Know About The Foreign Agents Registration Act

United States Government

W

WilmerHale

[PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives To Reach Effective Settlements

United States Litigation

J

JAMS

The DEI Stalemate: Paying The Price For The Wrong Move - Part 2

Three Ward and Smith attorneys described what can happen when a DEI initiative goes wrong, placing an organization in a legal stalemate with its employees.

United States Commercial

Wa

Ward and Smith, P.A.

Electronic Communications Dramatically Complicate Choice Of Law Analysis

As explained in previous Privilege Points, courts frequently must decide which state's privilege law applies to communications involving several states. Fed. R. Evid. 501 states that federal courts...

United States Commercial

ML

McGuireWoods LLP

Accessing Privileged Documents In Illinois Ownership Disputes

Business divorces are often messy. The reasons for business divorces vary – personality-driven disputes, disagreements over business direction, or timing and distribution of earnings. Whatever the reason...

United States Commercial

AF

ArentFox Schiff

Navigating A Security Incident - Communication "Dos" And "Don'ts"

Communication during a data breach is challenging in the best of circumstances, and control of information, especially early in a breach response, is critical.

United States Technology

BC

Bryan Cave Leighton Paisner

Paranoid Androids: Artificial Intelligence, In-House Counsel, And The Attorney-Client Privilege

United States Commercial

BS

Butler Snow LLP

Think Twice — Avoiding Waiver Of The Attorney-Client Privilege Through Issuance Of A Press Release

United States Commercial

Wa

Ward and Smith, P.A.

Navigating The Attorney-Client Privilege Waiver Tightrope

United States Coronavirus

CM

Crowell & Moring LLP

Putting Generative AI To Work In Discovery

United States Technology

KG

K&L Gates LLP

Breaking LGBTQ+ Barriers: From Covering To Inclusivity (Podcast)

United States Commercial

JL

Jackson Lewis P.C.

Attorney-Client Privilege Can Live On After A Company Dissolves

United States Commercial

SG

Selendy Gay

Do We Have To Share That Information? Attorney-Client Privilege In The Multi-Entity Context

United States Commercial

RK

Robins Kaplan

N.C. Business Court Strengthens A Company's Ability To Assert Attorney-Client Privilege In Disputes With Officers And Directors

United States Commercial

Smith Anderson

Navigating Corporate Disputes Stemming From Regulatory Violations And Enforcement Actions

United States Litigation

ML

Milbank LLP

"Do You Want To Know A Secret?" Courts And Agencies Unwittingly Join Hackers In Exposing Secret Information

United States Commercial

WR

Wiley Rein

Do We Have To Share That Information? Attorney-Client Privilege In The Multi-Entity Context

A bedrock feature of the attorney-client relationship is the privilege protecting legal-advice communications from prying eyes.

United States Commercial

RK

Robins Kaplan

N.C. Business Court Strengthens A Company's Ability To Assert Attorney-Client Privilege In Disputes With Officers And Directors

With its origins in the 16th century, the attorney-client privilege is one of the oldest doctrines in our common law tradition. Even so, new issues do arise...

United States Commercial

Smith Anderson

Navigating Corporate Disputes Stemming From Regulatory Violations And Enforcement Actions

Regulatory investigations and enforcement action frequently and increasingly give rise to a broad range of civil claims for damages.

United States Litigation

ML

Milbank LLP

"Do You Want To Know A Secret?" Courts And Agencies Unwittingly Join Hackers In Exposing Secret Information

In November 2020, a group of hackers backed by the Chinese state exploited vulnerabilities in Microsoft Exchange software to hijack tens of thousands of corporate servers...

United States Commercial

WR

Wiley Rein

If You Have Someone Else's Stuff, You've Gotta Give It Back: Delaware Court Of Chancery Reminds Us That Directors Generally May Not Share Confidential Information With Stockholders Who Nominated Them

United States Commercial

HH

Hughes Hubbard & Reed LLP

Safety Perspectives From Region 6: Fatality And Catastrophe Investigations, Part II—Reports, Privilege, And Witness Statements

This episode of our Safety Perspectives From Region 6 podcast is the second in a three-part series on fatality and catastrophe investigations ...

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Proposed Amendments To FRCP 26 Should Streamline Discovery

On August 15, 2023, the Committee published proposed amendments to Rules 16 and 26 of the Federal Rules of Civil Procedure ("Rules"). The amendments are designed to require that parties address...

United States IP

SP

Squire Patton Boggs LLP

Fifth Circuit Upends ‘Ultimate Employment Decision' Requirement For Title VII Discrimination Claims

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended long-standing precedent, significantly broadening the types of adverse employment actions...

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Foxes Or Hedgehogs: Evolving Taint Team Jurisprudence

Corporate criminal enforcement is a top priority for the Department of Justice.

United States Criminal

WB

Womble Bond Dickinson

Corporations May Risk Waiving Privilege Protection When Communicating With Their Own Board Members

United States Commercial

ML

McGuireWoods LLP

The Supreme Court Grants Certiorari In Muldrow V. City Of St. Louis: How The Case Could Bolster Attacks Against Corporate DEI Initiatives

United States Employment

JB

Jenner & Block

Hope Is Not A Strategy And Three Other Things I Learned From The Legendary Bob Popeo

United States Commercial

M

Mintz

Privilege Implications Of Spousal Communications

United States Commercial

ML

McGuireWoods LLP

Corporate Privilege: Nuances Of Delaware Law And Recommendations On How To Preemptively Protect Privilege In The Event Of A Future Dispute Between A Former Director And The Corporation (Video)

United States Commercial

SM

Sheppard Mullin Richter & Hampton

Protecting Privilege In Case Of A Dispute With Former Director

United States Commercial

SM

Sheppard Mullin Richter & Hampton

This Action Fell Just Short Of Possible Discrimination And Retaliation. (Whew!)

United States Employment

FB

Fisher Broyles

What Does The Supreme Court's Decision Not To Review The Standard For Attorney-Client Privilege Mean For Employers?

United States Employment

LM

Littler Mendelson

Privileged Communications With Corporate Counsel

United States Commercial

MM

McLane Middleton, Professional Association

Thoughts For In-House Counsel: Attorney-Client Privilege

United States Litigation

RB

Reinhart Boerner Van Deuren s.c.

(Update) Battle Over SEC's Attempt To Compel Law Firm To Comply With Subpoena Into Cyberattack Continues

United States Commercial

FK

Frankfurt Kurnit Klein & Selz

SCOTUS (Almost) Weighs In On Attorney-Client Privilege For Dual Purpose Communications: 5 Practical Tips To Protect Privilege

United States Commercial

SM

Sheppard Mullin Richter & Hampton

Revisiting The Attorney Client Privilege In The Wake Of The Supreme Court's Dismissal Of In Re Grand Jury

United States Litigation

M

Mintz

"Sound And Fury . . . ": The Supreme Court Throws Up Its Hands On The Attorney-Client Privilege

United States Commercial

FK

Frankfurt Kurnit Klein & Selz

Supreme Court DIGs In Re Grand Jury

United States Commercial

AP

Arnold & Porter

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Latest Videos

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Protecting Attorney-Client Privilege In Litigation: Avoid Costly Exposure (Video)

C

Crowley Law LLC

Live From Workplace Horizons 2025: Workforce Analytics — Do Your Data-Driven Personnel Assessments Place You At Risk? (Video)

JL

Jackson Lewis P.C.

What Does Maloney v. Murphy Mean For Congressional Investigations? (Video)

MB

Mayer Brown

Does The Attorney-Client Privilege Apply In Congressional Investigations? (Video)

MB

Mayer Brown

Wasted On The Way (Video Content)

D

Dentons

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