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Civil Justice | Diversity & Inclusion

Leaders in Color Series with Civil Rights Champions

Recap the details of McGuireWoods’ first anniversary of their Leaders in Color discussion series, where three distinguished champions of civil rights joined McGuireWoods chairman, Jonathan Harmon in conversation in Washington, D.C.

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Privilege

Having a Big Law Firm Hire a Public Relations Consultant Does Not Assure Privilege or Work Product Protection

Just as some clients think that copying a lawyer cinches privilege protection, even sophisticated clients relying on well-known law firms might erroneously believe that having those law firms hire a public relations consultant will assure privilege and work product protection. It doesn't.

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Privilege

Be Sure to Check the Choice of Law Before Analyzing "At Issue" Waivers

The unpredictable "at issue" waiver doctrine can strip away privilege protection without any disclosure of, or explicit reliance on, privileged communications. But state courts and even federal courts take widely varying approaches to this most dangerous type of implied waiver.

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Privilege

Another Company Loses a Data Breach Investigation Work Product Claim

One might think that any company reasonably anticipates litigation after suffering a data breach, so the work product doctrine would almost inevitably protect its data breach investigation. But only a handful of companies have succeeded in claiming such protection.

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Privilege

Failing to Mention Litigation Weakens Work Product Claim

The work product doctrine protects documents primarily motivated by litigation or anticipated litigation. It does not protect documents created in the ordinary course of a company’s business, or required by an external or internal mandate. If a company is already in litigation, failing to acknowledge that fact can weaken a work product claim.

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Privilege

Two Moms, Two Cases and Two Different Results: Part II

In his previous Privilege Point, McGuireWoods partner, Thomas Spahn, described a court's curt rejection of attorney-client privilege protection for a plaintiff's communications with her mom – and noted the court's surprising failure to address an obvious work product claim. Eight days later, another court dealt with mother-daughter communications. Here, he picks up where he left off.

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Privilege

Two Moms, Two Cases and Two Different Results: Part I

Somewhat counter-intuitively, attorney client privilege protection is so fragile that even a family member often falls outside privilege protection (unless that family member was necessary to facilitate communications between the client and his or her lawyer). But work product protection is more robust, so most family members are inside that protection.

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