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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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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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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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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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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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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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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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