7 Id. (quoting Bowne of New York City, Inc. v. AmBase Corp., 161 F.R.D. 258, 264 (S.D.N.Y. 1995)). 8 As a general note, federal courts will apply state privilege law when sitting pursuant to diversity ...

As in most things, there are limits. Law, like life itself, is not a bacchanal without exception or constraint. While rules are not exactly made to be broken, most rules are girded with a corset ...

This post explains an exception to the attorney-client privilege that is recognized in many jurisdictions to allow minority owners of LLCs and corporations to attempt to obtain the privileged ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

The U.S. Court of Appeals for the Third Circuit has given its OK under the crime-fraud exception to attorney-client privilege to a trial court's in camera interview of a lawyer about advice provided ...

Attorney-client privilege is a fixture of any TV show that involves the law. But attorney-client privilege is also surprisingly complex. There are rules, exceptions to those rules, and exceptions to ...

A flat-bladed screwdriver can hew away strips of wood. But any woodworker knows a chisel would be the preferred tool for shaving and shaping the wood. Forcing a tool to perform another task not only ...

Samantha Weissbluth, senior counsel, and Simon Johnson, associate, Foley & Lardner LLP, Chicago The fiduciary exception to attorney-client privilege has long complicated attorneys’ lives. And that’s ...

Attentiveness and care are required to make sure that a client or attorney does not inadvertently waive a protection that was meant to be protected. By being mindful of these issues, lawyers and ...

In certain circumstances, shareholders of corporations and members of limited liability companies can obtain confidential communications between corporate management and the company’s attorney that ...

Federal prosecutors want Trump's attorney to testify under a crime-fraud exception, reports say. It can be used if there's reason to believe a client is using legal services for illegal purposes. One ...

Curious complications come up when the attorney-client privilege is breached. When Donald Trump was arraigned in Florida on federal charges, a condition of the former president’s bail was that he not ...