Privilege
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Privilege
Delaware Courts Address Common Interest Doctrine Issue: Part I
The common interest doctrine occasionally allows separately represented clients to share privileged communications without waiving that fragile protection. Nearly all courts require that the common interest doctrine participants share a common legal interest, rather than merely a common financial interest. McGuireWoods partner, Thomas Spahn, offers insight in his latest privilege point.
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Another Court Finds Public Relations Consultants Outside Privilege Protection
Companies dealing with the pandemic (and finding themselves in pandemic-triggered future litigation) may seek public relations consultants’ assistance. Companies and their lawyers should remember that most courts reject privilege protection for communications with such consultants, and work product protection for documents those consultants create.
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Illinois Federal Court Addresses a Substantive and a Logistical Privilege Issue: Part II
Part one of this Privilege Point addressed an Illinois federal court’s holding that the attorney-client privilege protected a company executive’s relaying of legal advice to another executive, as well as the former’s email about his intent to discuss an intellectual property matter with the company lawyer. See where McGuireWoods partner, Thomas Spahn, picks up from where he left off.
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