Worldwide: Privilege

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Sixth Circuit Strengthens Privilege And Work-Product Protections For Internal Investigation Materials

In In re FirstEnergy Corporation, the Sixth Circuit Court of Appeals overturned a district court order requiring FirstEnergy to produce to securities class action plaintiffs materials resulting...

United States Commercial

CG

Cahill Gordon & Reindel LLP

Stop The Early MDL Drift: What In-House Counsel Can Do In Week One To Avoid Privilege Chaos Later

Effective December 1, 2025, the Federal Rules of Civil Procedure added new Rule 16.1, "Multidistrict Litigation," and amended Rules 16 and 26. The takeaway is straightforward: Rule 16.1 provides valuable structure...

United States Litigation

BS

Butler Snow LLP

Meeting The Growing Demand For Data-driven Proof Of Compliance Effectiveness

Authorities are increasingly requiring companies to demonstrate the effectiveness of compliance programs through data-driven evidence rather than narrative descriptions.

Worldwide Criminal

AO

A&O Shearman

Sixth Circuit Restores Privilege Protections In In Re FirstEnergy Corp. Mandamus Decision

The U.S. Court of Appeals for the Sixth Circuit recently issued a significant decision in In re FirstEnergy Corp., granting mandamus relief and vacating a district court order...

United States Litigation

WL

Withers LLP

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

United States Commercial

CW

Cadwalader, Wickersham & Taft LLP

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

Worldwide Anti-trust

GP

Goodwin Procter LLP

What Recent Enforcement Announcements And Judicial Decisions Mean For Internal Investigations

United States Criminal

WR

Wiley Rein

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

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.

How I Learned To Love Mediator's Proposals - Why Modern Mediation Sometimes Calls For A Guiding Hand

United States Litigation

J

JAMS

Congress Proposes Major Overhaul Of WARN: What Employers Need To Know About The Fair Warning Act

United States Employment

PR

Proskauer Rose LLP

What Europe's Renewable Energy Struggles Can Teach U.S. Regulators About Dispute System Design

United States Litigation

J

JAMS

Substantial Completion: Close, But The Case Hasn't Settled

United States Litigation

J

JAMS

Mediator-and Arbitrator-Retained Experts In Construction Or Business Disputes

United States Litigation

J

JAMS

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

In this episode of the Mintz On Air: Practical Policies podcast, Member Jen Rubin and Crisis Management and Strategic Response Chair Erek L. Barron dive into the world of crisis management...

United States Employment

M

Mintz

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

In this episode of the "Legal Bites Podcast" series, Food and Beverage Litigation attorneys Charles Weiss and Christopher Riano, along with Practice Development Manager Kristina Merritt...

United States Healthcare

HK

Holland & Knight

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

The U.S. Equal Employment Opportunity (EEOC) and the Department of Justice (DOJ) have issued two technical assistance documents entitled...

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

To follow up on our alert regarding President Trump's Executive Order on diversity, equity, and inclusion ("DEI") initiatives within the federal government, we recommend that employers who are reviewing their DEI.

United States Commercial

SR

Shulman Rogers

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

United States Commercial

Wa

Ward and Smith, P.A.

Electronic Communications Dramatically Complicate Choice Of Law Analysis

United States Commercial

ML

McGuireWoods LLP

Accessing Privileged Documents In Illinois Ownership Disputes

United States Commercial

AF

ArentFox Schiff

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

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

Navigating The Attorney-Client Privilege Waiver Tightrope

The United States District Court for the District of Rhode Island cast a spotlight on the doctrine of implied waiver of attorney-client privilege in a recent False Claims Act ("FCA") case.

United States Coronavirus

CM

Crowell & Moring LLP

Putting Generative AI To Work In Discovery

Generative AI or "GenAI" is already transforming how we handle discovery in numerous ways, including: Providing faster access to meaningful information and key documents to help quickly understand and...

United States Technology

KG

K&L Gates LLP

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

LGBTQIA+ Pride Month is a time to celebrate our pride and reflect on the importance of employees feeling aligned and supported when coming out in the workplace.

United States Commercial

JL

Jackson Lewis P.C.

Attorney-Client Privilege Can Live On After A Company Dissolves

For any company, the ability to have open discussions with legal counsel is key to managing litigation risk. Thus, the attorney-client privilege protects communications between the company's...

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

Former Employees Can Have Privileged Communications With Their Former Employer's Lawyer, But Cannot Waive Its Privilege

In all but a few states, the attorney-client privilege can protect a company's lawyer's communications with former company employees...

United States Commercial

ML

McGuireWoods LLP

IRS Issues Proposed Regulations Governing Donor Advised Funds

The Department of Treasury (Treasury) and the Internal Revenue Service (IRS) released proposed regulations governing taxes on taxable distributions from Donor Advised Funds (DAFs) under section 4966...

United States Commercial

SJ

Steptoe LLP

S.D.N.Y. Takes A Demanding View Of The "Functional Equivalent" Doctrine

Under the common law "functional equivalent" doctrine, corporations sometimes may claim privilege protection for communications to or from a non-employee who is the "functional equivalent" of an employee.

United States Commercial

ML

McGuireWoods LLP

Recent Special Master Decisions Highlight 2 Novel Ways To Lose Attorney-Client Privilege

There are well-known ways to waive the protection of the attorney-client privilege: for example, the intentional disclosure of an initially confidential communication to someone outside...

United States Commercial

DM

Duane Morris LLP

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

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Proposed Amendments To FRCP 26 Should Streamline Discovery

United States IP

SP

Squire Patton Boggs LLP

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

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Foxes Or Hedgehogs: Evolving Taint Team Jurisprudence

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 LLP

Protecting Privilege In Case Of A Dispute With Former Director

United States Commercial

SM

Sheppard, Mullin, Richter & Hampton LLP

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

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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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