Corporate disclosure and attorney-client privilege

Publisher: Practising Law Institute in New York, N.Y. (810 7th Ave., New York 10019)

Written in English
Published: Pages: 704 Downloads: 975
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  • United States.


  • Directors of corporations -- Legal status, laws, etc., -- United States.,
  • Confidential communications -- Lawyers -- United States.,
  • Corporate legal departments -- United States.,
  • Disclosure of information -- Law and legislation -- United States.

Edition Notes

StatementDennis J. Block, Jerold S. Solovy, cochairmen.
SeriesCorporate law and practice course handbook series ;, no. 450
ContributionsBlock, Dennis J., Solovy, Jerold S., Practising Law Institute.
LC ClassificationsKF1422.Z9 C67 1984
The Physical Object
Pagination704 p. ;
Number of Pages704
ID Numbers
Open LibraryOL2950828M
LC Control Number84192024

Attorney–client privilege or lawyer–client privilege is the name given to the common law concept of legal professional privilege in the United States. Attorney-client privilege is "[a] client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney.". THE DECLINE OF THE ATTORNEY-CLIENT PRIVILEGE IN THE CORPORATE SETTING WILLIAM R. MCLUCAS, HOWARD M. SHAPIRO & JULIE J. SONG* Beginning in , the American corporate landscape experienced the first of numerous scandals involving accounting irregularities, financial fraud, and other instances of misconduct. A condensed version of this book, focused on Virginia-specific issues. A Virginia-Specific Summary Guide: The Attorney-Client Privilege and the Work Product Doctrine is designed to help Virginia practitioners understand general attorney-client and work product concepts, with a specific focus on Virginia law addressing those evidentiary protections. on the corporate attorney-client privilege, representation issues in internal investigations, joint defense agreements, the effective use of experts, the growing prevalence of global corporate investigations, and protecting a compa - ny’s interests after self-disclosure. We .

The privilege attached automatically by virtue of the family relationship and was very broad in scope. The master was the holder of the privilege, and only he was entitled to waive it. During the Elizabethan period, the attorney-client privilege gained importance as an effective bar to disclosure of confidential : Pamela Taylor. The Attorney Client Privilege and the Work Product Doctrine directly examines the scope of a lawyer's responsibility to a client when called as a witness or when otherwise required to produce evidence. It identifies the many misconceptions about the confidentiality of the information shared between attorney and client, and provides clear.   This is the second in a two-part series on attorney-client privilege and work product protection. We did not plan it this way, but our recent This Is Why Board Presentations Are Privileged And Protected blogpost generated a lot of interest, and the Pennsylvania Supreme Court issued an important opinion last week on these topics, so we are going to keep it rolling.   Waiver of Attorney-Client Privilege or Work Product Doctrine through Social Media Social media provides the potential for both client and attorney to waive work-product doctrine protection and attorney-client privilege by publicly disclosing confidential information.

The Attorney-Client Privilege: A Look at Its Effect on the Corporate Client and the Corporate Executive Executive X may be making statements to his employer's corpo-rate counsel which he believes fall within the scope of the corpora-tion's attorney-client privilege and cannot be disclosed, but may in. The law of attorney-client privilege is designed to foster bonds of trust between a client and a lawyer, in the hope of strengthening the quality of argumentation. Remember also that a communication will be within an attorney-client relationship only if the reason for the communication is for the client to seek legal advice or assistance.

Corporate disclosure and attorney-client privilege Download PDF EPUB FB2

Corporate disclosure and attorney-client privilege: the federal securities laws implications / Daniel L. Goezler, Stewart Gregg Protection of settlement discussions / Stephen R. Steinberg Protection of confidential information in litigation through protection orders / Stephen R.

Steinberg Determining the reasonableness of. A Guide for Corporate Clients. Published by the Pennsylvania Bar Association In-House Counsel Committee.

THE ATTORNEY-CLIENT PRIVILEGE allows a client to protect information discussed with an attorney from being disclosed to another person, unit of government or business entity.

The attorney-client privilege is important because it prevents. New York’s attorney-client privilege as codified at CPLR §(a) protects against disclosure of a “confidential communication made between the attorney or his or her employee and the client. JENNER & BLOCK LLP OFFICES North Clark Street Chicago, Illinois Firm: Fax: Third Avenue, 37th Floor New York, New York Firm: Fax: File Size: 1MB.

Attorney-client privilege, Compliance and disclosure interpretation, Derivative suits, Disclosure, The rule highlights both the resilience and vulnerability of attorney-client privilege for corporate managers and the need for care in preserving privilege in the context of shareholder litigation.

A Practitioner's Summary Guide to the McGuireWoods LLP Attorney-Client Privilege and the T. Spahn (12/5/13) Work Product Doctrine. Content of Communications. Chapters 11 through 18 address the attorney-client privilege's key "content" requirement. • Chapter 11 discusses generally unprotected background facts aboutFile Size: 1MB.

Instead, a broad, unfocused, corporate-attorney-client privilege was recognized. One may assume that this unfocused "zone of silence" was welcomed by the corporate community, but imagine the staggering impact of the Court's next relevant decision, Weintraub, which permitted a trustee in bankruptcy to waive all prior corporate-attorney-client.

the disclosure of a client's confidences appear less distressing when the client is a corporate fiction, "a mere creature of the state and not a natural entity.'17 Second, Judge Campbell argued that the lack of confidentiality attorney-client privilege." corporate context.

' '' ' &. CORPORATE EMPLOYEE INTERVIEWS AND THE ATTORNEY-CLIENT PRIVILEGE ALAN J. WEINSCHEL* When a corporate client becomes involved in a situation poten-tially requiring litigation, the first inclination of the corporation's at-torney is to interview employees in order to determine exactly what happened and to gauge the various facets of a possible.

The attorney-client privilege is one of the oldest evidentiary privileges in Anglo-American Law. See Annesley v. Anglesea, 17 How. (); Hunt v. Blackburn, U.S. This section represents an overview of federal and state law regarding the attorney-client privilege as an evidentiaryFile Size: 87KB.

Upjohn is the landmark case on the attorney-client privilege in the corporate context. See Leslie Warton, Hazards for Attorney-Client Relationship, New York Law Journal, corporate counsel, Novem State law typically governs these issues, however, and the more rigorous “control group test” is followed in several jurisdictions.

Commentary Chancery Reaffirms Fiduciary Exception to Attorney-Client Privilege In a recent case in the Delaware Court of Chancery involving a suit between the trustee of a trust and the trust’s. Attorney-Client Privilege Answer Book Drafting for Corporate Finance: Concepts, Deals, and Documents Pro Bono Service by In-House Counsel: Strategies and Perspectives Smart Negotiating: How to Make Good Deals in the Real World Thinking Like a Writer: A Lawyer’s Guide to Effective Writing & EditingFile Size: KB.

for information and minimize disclosure of privileged information if possible. At the least, companies should avoid disclosing any attorney-client privileged information, as disclosure will waive the attorney-client privilege in most jurisdictions. Companies should try to satisfy an independent auditor’s need for information by factual, oral.

Attorney-Client Privilege: Waiver By Disclosure To The Government By Arnold R. Rosenfeld This is another in a series of columns dealing with attorney-client privilege, work-product protection and lawyer-client confidentiality.

Substantial controversy regarding the waiver of privilege or work product by disclosure to the government. This exception is based on the reasoning that the privilege was created to encourage attorney-client communications, and criminal activity has no place in such a relationship.

Due to the attorney-client privilege and professional standards, attorneys must vigilantly consider their communications to the media or to government investigators. Attorney-Client Privilege The Sword, The Shield or The Poison Pill in HR Investigations determination of corporate action in response to legal advice – • The trial court ultimately ordered disclosure of all privileged communication by and between the.

Delaware corporations may be required to turn over internal documents of directors and officers, including those of in-house counsel, where the factors enumerated in Garner barger, F.2d (5th Cir. ) weigh in favor of a J decision of first-impression, the Delaware Supreme Court ruled in Wal-Mart Stores, Inc.

Indiana Electrical Workers Pension. Attorney-Client Privilege is a riveting fast-paced legal thriller full of twist and turns that will keep you in suspense and guessing at every turn of the page.

Cleverly written in the alternating first and third person narratives and set in L.A., the author weaves another intriguing installment (fourth book) in the Vernetta Henderson series/5().

Generally, the attorney-client privilege requires that a communication be with an attorney, confidential and made in furtherance of seeking legal advice. The two most common CCO situations are (1) the day-to-day general compliance duties, and (2) internal investigations in response to a compliance event.

The Attorney-Corporate Client Privilege By HARMAR BRERETON Vice President and General Counsel and District of Columbia Bars DEAN PYE It is my function to provide a brief survey of the history and purpose of the attorney-client privilege with special reference to its availability to cor- the privilege to prevent their later disclosure is Author: Harmar Brereton, A.

Kenneth Pye, James R. Withrow Jr. fit of the attorney-client privilege. However, its application to attorney-corporate-client communications is complex. As a fictional entity, a corporation cannot, in and of itself, act, speak, have knowledge of facts, or perform any deed necessary to invoke the attorney-client privilege.

Accordingly, the attorney-corporate-client privilegeFile Size: KB. The attorney–client privilege is generally waived upon disclosure to third-parties; however, the common-interest doctrine has developed as an exception to waiver of the attorney–client privilege and extends that protection to confidential communications with third parties if the communication was made to further a joint defense or common.

Ethical Issues for In-House Counsel 2 The Attorney-Client Privilege The General Rule The attorney-client privilege protects confidential communications between an attorney and a client in the course of seeking or rendering legal advice.

Underlying the attorney-client privilegeFile Size: KB. Lawyer Disclosure: Confidential Information And The Attorney Client Privilege Chapter 5 i Table of Contents A. The Basic Rules 1 1.

Confidential and Privileged Information 1 2. Attorney-Client Privilege 1 3. The Client 1 B. Obligation to Report Legal Violations File Size: KB. “Informed consent requires an understanding of the risks and benefits attendant upon disclosure.

In the context of Rulerelevant issues include whether disclosure could result in waiver of the attorney-client privilege, or in further dissemination or use of the information. See ABA Formal Ethics Op. National Real Estate Information Services, No. (Comm.

Pls. Feb. 26, ), that the attorney-client privilege does not apply to corporations no longer in business has garnered significant attention, including an appeal and the filing of amicus briefing by the Association of Corporate Counsel.

The ACC, which represents more t   Privilege in law enforcement investigations Attorney–client privilege. The attorney–client privilege is recognised in the United States as ‘the oldest of the privileges for confidential communications known to the common law’.

[2] It is viewed as serving a crucial function in ‘encourag[ing] full and frank communication between attorneys and their clients’ and thereby. Corporate Privileges and Confidential Information is designed to assist inside and outside counsel in negotiating obstacles to maintaining corporate secrecy.

All rights to privacy and confidentiality that a corporation may assert are gathered in this useful volume, which also includes advice on how to protect information otherwise required to be disclosed to a government agency. The attorney-client privilege under Rule applies to any “confidential communication between a client and lawyer” where the dominant purpose of the communication is to obtain or provide legal advice, regardless of whether it was made in anticipation of Size: KB.

the vulnerability of the corporate attorney-client privilege. To address these concerns, U.S. Senator Arlen Specter reintroduced his Attorney-Client Privilege Protection Act in (ACPPA or the Act).6 The ACPPA purports to save the corporate attorney-client privilege byAuthor: Katrice Bridges Copeland.

Unlike the attorney-client privilege, “the work product privilege is not automatically waived by any disclosure to a third party.” [3] Rather, for a waiver to occur, the work product must be disclosed to an adversary, or at least create a risk that the documents will be disclosed to an adversary.

[4].Attorney-Client Privilege Issues Challenge Corporate Investigations By Henry R. Chalmers, Litigation News Associate Editor – Novem With its decision in United States [PDF], the Ninth Circuit has confirmed the perils to clients and attorneys alike when a company and its officers are jointly represented by the same outside counsel.