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Privilege
What Can Corporations Safely Share With Their Auditors?
Corporations risk waiving their fragile privilege protection by sharing protected communications with even the friendliest outsiders — such as their retained public relations consultants, etc. They must disclose some information to their auditors, but does that waive corporations’ privilege protection?
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Can Any Data Breach Investigation Report Deserve Protection? Part III
The last two Privilege Points have described yet another losing effort to protect a data breach investigation and related communications.
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Can Any Data Breach Investigation Report Deserve Protection? Part II
Last week’s Privilege Point described a data breach victim’s latest losing effort to claim privilege protection for its consultant’s investigation report. Leonard v. McMenamins Inc., Case.
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Can Any Data Breach Investigation Report Deserve Protection? Part I
Companies and even law firms suffer data breaches, and usually claim privilege and work product protection for the inevitable resulting investigation.
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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 — as long as the communications focus on the former employees’ tenure at the company.
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Sending an Adversary a Draft Complaint Does Not Waive Privilege or Work Product Protection
Would-be litigants sometimes send a draft complaint to the would-be adversary — either to deter their bothersome conduct or to spur settlement talks.
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Can Litigants on Opposite Sides of the "v." Ever Enter Into a Common Interest Agreement?
Separately represented clients sometimes may avoid the normal waiver implications of sharing privileged communications by entering into a common interest agreement — but such contractual arrangements frequently do not work.
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