Privilege

Privilege

Thomas E. Spahn | McGuireWoods LLP

In his last privilege point, McGuireWoods partner Thomas Spahn described a wise Connecticut court's recognition that federal courts sitting in diversity should not automatically apply their host jurisdiction's privilege law — but instead apply their host jurisdiction's choice of law principles when determining applicable privilege law. Here, he picks up where he left off.

Privilege

Thomas E. Spahn | McGuireWoods LLP

As in other areas, a privilege analysis should always start with a choice of law assessment. In federal courts, federal common law governs federal question cases' privilege issues. In diversity cases, many federal courts reflexively apply their host jurisdiction's privilege law. This is wrong.

Privilege

Thomas E. Spahn | McGuireWoods LLP

Lawyers should remind their clients that copying a lawyer on an email does not automatically render the email privileged. But the story doesn't end there.