All Articles
Privilege
Fast Take: Application of Privilege to Consultants to Corporations Raises Questions (Part II)
In a previous article on p. 17 of the May/June 2018 issue, I summarized two recent cases in which courts held that communications between corporations and their consultants were not subject to attorney-client privilege. However, some cases take a more favorable view. For example, in...
Read MoreLitigation
Fast Take: Fifth Circuit Issues a Favorable "At Issue" Doctrine Decision
The frightening "at issue" variety of implied waiver can destroy privilege protection if litigants affirmatively seek some advantage by (among other things) relying on their actions' "good faith." If the litigants sought legal advice about the actions that they claim to...
Read MoreEthics
FAST TAKE: Client Consultants Lose Out on Privilege Protection
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...
Read MorePrivate Equity
Promoting Women in Private Equity
An interview with McGuireWoods’ Amber McGraw Walsh. CCBJ: You spearheaded the creation of your firm’s Women in Private Equity initiative. What inspired that? Amber McGraw Walsh: After years of being closely tied into the private equity industry – particularly for me in...
Read MoreEthics
Fast Take: Client Consultants Lose Out on Privilege Protection, Part I
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...
Read MoreAviation
Fast Take: To Unleash Economic Potential of Drones, Timing Is Everything
In 2017, the Federal Aviation Administration unveiled a data exchange partnership called Low Altitude Authorization and Notification Capability (LAANC) that will provide a drone operator a nearly immediate decision on whether an operation in controlled airspace will be approved. LAANC is the...
Read MoreInvestigations
Fast Take: Protecting Internal Investigations
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...
Read More