attorney work product privilege
-
The Sanction Commission of the SIX Swiss Exchange («SIX») made it clear that the issuer's duty under art. 6 of the SIX Listing Rules to ha...
-
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.
-
Peyko v. Frederick, 25 Ohio St.3d 164 (1986); bar to suit; third party suit; insurance; discovery; privilege; attorney-client privilege; claims file; work-product doctrine; deposition.
-
In what may be the continuation of a trend toward the erosion of the attorney-client privilege and work product doctrine in bad faith litigation, anot...
-
I. INTRODUCTION II. UPJOHN CO. V. UNITED STATES III. INTERNAL CORPORATE INVESTIGATIONS A. The Investigation B. "Selective Waiver" IV. CONSIDERATION OF...
-
The confidentiality of communications in a corporate setting can be protected through the attorney-client privilege and work product doctrine. Communications are considered confidential if they are made in confidence between an attorney and client concerning legal advice. The work product doctrine has two levels, products of the attorneys' labor and products of their opinion, both of which are protected but the opinion protection is stronger. Upjohn Co v. United States established a case-by-case standard of protection, overturning the control group theory in many states.
-
Every court agrees that a litigant withholding documents must carry the burden of proving some protection. But where do courts look when deciding whet...
-
The last two Privilege Points noted that some courts assess a privilege or work product claim by relying on extrinsic evidence such as affidavits, w...
-
Many lawyers understand that the attorney-client privilege differs from the work product doctrine, but do not realize how many basic differences can a...
-
Last week's Privilege Point described some courts' reliance on affidavits or some other extrinsic evidence when assessing a protection claim – rather ...