Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Attorney-Client Privilege

By Andrew K. Solow, Jennifer L. Taiwo and David A. Kerschner
September 02, 2015

Undoubtedly, the attorney-client privilege is integral to every attorney's practice, regardless of whether that practice focuses on litigation, regulatory or transactional work. Yet, despite the ubiquitous nature of the attorney-client privilege, attorneys generally understand far less about the nuances of the invocation of the attorney-client privilege than they should, particularly in the context of interacting with former employees of a corporate client.

In the face of seemingly endless regulatory and compliance investigations, along with protracted product liability, antitrust, securities and other corporate litigations, the need to communicate with and prepare former employees for any kind of testimony is ever-increasing. As this need increases, so, too, does the practicing attorney's need for a solid and accurate understanding of when and precisely how the attorney-client privilege applies in the context of interactions with former employees. This article provides a refresher on the parameters of the attorney-client privilege, and briefly discusses relevant case law addressing the application of the attorney-client privilege to interactions with former employees. It then sets forth the implications of misunderstanding the attorney-client privilege and presents guidelines to follow when dealing with former employees.

The Attorney-Client Privilege and Corporations in General

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.