Law.com Subscribers SAVE 30%

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

Privilege in Public Relations: Can Clients Protect Communications Between Their Lawyers and PR Firms?

By Jonathan B. New, Patrick T. Campbell and Rachel H. Ofori
May 01, 2024

In today's world of around-the-clock global news and social media coverage, stories of corporate misconduct often take center stage. These stories not only capture headlines but also shape public opinion about the companies involved. And once news of an investigation into corporate misconduct becomes public, regulators, law enforcement, shareholders, and customers expect swift responses.

When crafting such responses, companies typically (and should) turn first to their lawyers for help navigating legal issues in connection with impending investigations. But companies also frequently engage public relations and crisis management firms (PR firms) to help them deal with the negative publicity. When coordinating a company's response to allegations of misconduct, the company's lawyers often speak to its PR firm about legal strategy and risk.

Because PR firms may be considered third parties for privilege purposes, it is crucial that communications between a company's counsel and its PR firm are handled with care to avoid waiving the attorney-client privilege. This article summarizes how courts view communications between a company's counsel and its PR firm during investigations in the context of privilege and provides practical insights and tips for counsel to maintain privilege over such communications.

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.

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.

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.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

The Anti-Assignment Override Provisions Image

UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?