Privilege

Privilege

Thomas E. Spahn | McGuireWoods LLP

Under the common interest doctrine, separately represented clients may sometimes contractually avoid the normal waiver impact of disclosing privileged communications to each other. But federal and state courts take widely varying approaches to this helpful (but dangerously imprecise) waiver-avoidance arrangement.

Privilege

Thomas E. Spahn | McGuireWoods LLP

Internal corporate or other entity investigations frequently generate discovery motions that focus on privilege and work product creation and waiver issues. Two recent decisions offer some good news for defendants resisting discovery of investigation-related documents.

Privilege

Thomas E. Spahn | McGuireWoods LLP

Facts and events normally do not deserve work product protection. But a lawyer's careful selection of such facts or important events sometimes may reflect his or her strategic assessment or litigation planning. For example, litigants obviously must identify witnesses with pertinent knowledge. But can an adversary ask which of such witnesses a litigant's lawyer thought important enough to interview?