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Privilege

Attorney-Client Privilege Lasts Forever -- What About Work Product Protection?

Attorney-client privilege protection lasts forever, but determining work product doctrine protection’s duration presents a more subtle analysis.

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Privilege

The Crypto King's and Other's Reliance on Legal Advice: Part III

The last two Privilege Points have addressed the implied waiver implications of litigants (defendant in the Crypto King’s trial and plaintiff in the case described last week) relying on legal advice to defend against or assert a claim.

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Privilege

The Crypto King's and Other's Reliance on Legal Advice: Part II

Last week’s Privilege Point described an “advice of counsel” issue that arose in Bankman-Fried’s recent criminal trial.

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Privilege

The Crypto King's and Other's Reliance on Legal Advice: Part I

Defendants seeking to avoid liability by relying on a lawyer’s advice trigger a classic “implied waiver.”

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Privilege

Court Allow a voice From the Grace -- the "Testamentary Exception"

Not surprisingly, both a lawyer’s confidentiality duty and the attorney-client privilege protection last beyond the client’s death.

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Privilege

Did S.D.N.Y Mean to Apply Expansive Common Interest Doctrine?

Under the widely recognized common interest doctrine, separately represented clients may sometimes contractually avoid the otherwise inevitable privilege waiver when sharing privileged communications.

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Privilege

Relying on an Investigation May Not Forfeit All Privilege Protection

Clients relying on an investigation’s result to gain some advantage understandably trigger a subject matter waiver.

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