Privilege

Ethics

Thomas E. Spahn | McGuireWoods LLP

The attorney-client privilege that protects confidential communications between clients and their lawyers may extend to consultants if they act as the “functional equivalent” of corporate employees. Otherwise, most courts take a very narrow view. In Durling v. Papa John’s...

Investigations

Thomas E. Spahn | McGuireWoods LLP

Internal investigations merit privilege protection if their primary motivation is legal advice, and work product protection if primarily motivated by anticipated litigation. The U.S. District Court in Oregon, however, recently rejected a company’s privilege and work product claims arising...

Ethics

Thomas E. Spahn | McGuireWoods LLP

Privilege logs, which generally list the authors and recipients of withheld communications, are frequently cited in challenges to a corporation’s privilege claims when they show that no lawyer sent or received a withheld document. Corporations normally win those disputes by showing that...