Privilege
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Privilege
Accountants Implicate Subtle Privilege and Work Product Issues: Part II
Last week’s Privilege Point described a case applying the generally-accepted view that accountants assisting clients rather than the clients’ lawyers are outside privilege protection -- so copying them on privileged emails waives that fragile protection. An equally well-settled rule is just the opposite on the work product side -- disclosing protected work product to a non-adverse accountant does not waive that robust protection.
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Accountants Implicate Subtle Privilege and Work Product Issues: Part I
Accountants can help clients and clients’ lawyers – in ordinary business transactions, in explaining complex issues to lawyers who are giving legal advice, and in litigation. These differing roles at different times can trigger complicated attorney-client privilege and work product doctrine analyses.
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Privilege Issues In High-Profile Corporate Sexual Harassment Case: Part III
The last two Privilege Points described four favorable analyses from a Southern District of New York decision (Judge Gorenstein) assessing defendant Barnes & Noble’s privilege assertions covering its investigation and later firing of its CEO for sexual harassment. Parneros v. Barnes & Noble, Inc., 332 F.R.D. 482 (S.D.N.Y. 2019).
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