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Privilege
Courts’ “Intensely Practical” Approach to Surveillance Videos
In contrast to the somewhat abstract doctrine-driven attorney-client privilege, courts have described the work product doctrine as “intensely practical.”
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The Surprising Danger of Including a Spouse on Email Communications
Most lawyers know that state statutes or common law doctrines often protect communications between spouses – although there is wide variation in such approaches. But there is a lurking danger that all of us should keep in mind.
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Courts Thankfully Back Away From a Broad “At Issue” Waiver Approach
Starting about 50 years ago in the case of Hearn v. Rhay, 68 F.R.D. 574 (E.D. Wash. 1975), some courts recognized a broad “at issue” waiver that could strip away privilege without the holder’s disclosure of or even reference to privileged communications.
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