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 ...

The privilege ceases to operate at a certain point, namely, where the de sired advice refers not to prior wrongdoing, but to future wrongdoing. It is the purpose of the crime- fraud exception to the ...

The attorney-client privilege is an invaluable tool that is used to encourage frank and open communications between a client and an attorney. Clients rely on the privilege when communicating with ...

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 ...

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 ...

“This case is a reminder for both companies and lawyers…[that] initiating litigation without an objective basis and using litigation procedures as an unfair competition tool to interfere with a ...

The crime-fraud exception to attorney-client privilege: As an attorney, you may not anticipate it applying to your emails, your letters or your advice to your client. But even if you never see it ...

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 ...

Federal prosecutors are trying to get one of former President Donald Trump's lawyers to sit down for questioning as part of the investigation into the classified documents that Trump kept after ...

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 ...

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 ...

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 ...