Privilege

Privilege

McGuireWoods LLP

Not surprisingly, federal courts handling federal question cases apply federal common law privilege principles (essentially textbook-type generic rules).

Privilege

McGuireWoods LLP

Last week’s Privilege Point described the illogical but scary Vioxx doctrine, which some courts apply to deny privilege protection ab initio to intra-corporate communications simultaneously seeking advice both from lawyers and non-lawyers.

Privilege

McGuireWoods LLP

Lawyers representing corporations all recognize the privilege waiver risk of disclosure to outsiders. But there are two huge risks to privilege protection even for internal corporate communications.