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Privilege
Privilege and Work Product Protection for Corporate Investigations After Clark Hill: Part II
In his last Privilege Point, McGuireWoods partner, Thomas Spahn, noted a large law firm's failure to protect its own data breach investigation as privileged or as work product. Wengui v. Clark Hill, PLC, --- F.R.D. ---, 2021 U.S. Dist. LEXIS 5395 (D.D.C. Jan. 12, 2021). Courts assessing such protections normally first examine what initiated the corporate investigation — applying the "primary purpose" tests mentioned last week. Here, he picks up where he let off.
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Privilege and Work Product Protection for Corporate Investigations After Clark Hill: Part I
In this entry of his Privilege Points series, McGuireWoods partner, Thomas Spahn, explores the large Detroit-based law firm of Clark Hill that recently lost its effort to protect as attorney-client privileged and work product doctrine-protected its own investigation into its own data breach.
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The Fascinating Work Product Implications of Surveillance Videos
In his latest privilege point, McGuireWoods partner Thomas Spahn explains how lawyers representing insurance companies and others sometimes seek evidence that plaintiffs claiming injuries, disability, etc., are faking it.
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