The attorney-client privilege protects the communications of an attorney giving legal advice to a client by preventing courts or adversaries from compelling their disclosure. The oldest privilege for confidential communications, it has been described as "one of the most revered of common law privileges" and as "a time-honored sanctuary." Yet despite the privilege's long-accepted place in US' common law and statutory traditions, recent developments threaten its continued vitality. There is, however, a threat to the attorney-client privilege that is more dangerous and much less recognized than any coming from within the US. This article will show that unless US courts take action, the US attorney-client privilege for international companies will no longer be defined by US courts and lawma...
...attorneyclient privilege. If that same communication is also made...
The Oldest of the Privileges.II.Court Stripping in the Name of National Security.III. Costly Interception-No One Wins.IV.The Attorney-Client Privilege and the Constitution.V.The First Few Cases. A. The Lynne Stewart Indictment.B.Mohamed Rashid Daoud Al'-Owhali- Challenging the New Regulations.C.Zacharias Moussaoui.D.Earnest James Ujaama-One Victory for Defense Attorneys.VI.Outraged Response from Legal Groups.VII.Conclusion
A defendant in an intellectual property dispute permanently waived his attorney-client privilege with respect to documents that he voluntarily disclosed to the federal government in a criminal investigation, the 9th Circuit has ruled in upholding a discovery order. The plaintiff in the case, D.C. Comics, has been in a long- running dispute over royalties with the heirs of the creators of the Superman character. The defendant is a Hollywood producer and lawyer. D.C. Comics sued the defendant for interfering with its contractual relationships with the heirs. During discovery, D.C. Comics sought disclosure of certain documents pertaining to communications between the defendant and the heirs.
... JERSEY: The person asserting the attorneyclient privilege bears the burden to prove it applies to ...
A corporation's communications with counsel may be protected by the attorney-client privilege. This privilege belongs to the corporate entity alone. The executives who communicate acquire no personal privilege. Consequently, if a corporation waives its privilege, its executives' communications become discoverable. Not only may those communications, thereafter, be used as evidence against the corporation, but they may also be asserted against the executive who made them. Executives thus face a dilemma. If they avoid cooperating with corporate counsel, they risk adverse job consequences. On the other hand, providing unreserved, frank, veracious information could leave them vulnerable if the corporation later waives its privilege. This article examines the current law concerning executive-...
...Although a personal attorneyclient privilege can arise for the executive, the conditi...
... the document was protected by the attorneyclient privilege. The trial court had previously conclude...
Twelfth Survey of White Collar Crime The courts should construe the waiver of attorney-client privilege and the work-product doctrine narrowly in the corporate investigation and disclosure context to balance the need for disclosure with protections that will actually promote disclosure. The majority approach construes waiver broadly in stating that information disclosed to a government agency is available to third-party litigants. Final internal investigation reports should be considered a waiver of privilege in such information, but nondisclosed opinion work-product should continue to be protected by privilege.
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