Privilege

Privilege

Thomas E. Spahn | McGuireWoods LLP

Just as some clients think that copying a lawyer cinches privilege protection, even sophisticated clients relying on well-known law firms might erroneously believe that having those law firms hire a public relations consultant will assure privilege and work product protection. It doesn't.

Privilege

Thomas E. Spahn | McGuireWoods LLP

The unpredictable "at issue" waiver doctrine can strip away privilege protection without any disclosure of, or explicit reliance on, privileged communications. But state courts and even federal courts take widely varying approaches to this most dangerous type of implied waiver.

Privilege

Thomas E. Spahn | McGuireWoods LLP

One might think that any company reasonably anticipates litigation after suffering a data breach, so the work product doctrine would almost inevitably protect its data breach investigation. But only a handful of companies have succeeded in claiming such protection.