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Assessing the risks and liabilities of a potential transaction requires frank and open communication between the parties, including legal counsel. Understanding the scope and limitations of this privilege in transactional settings and who "holds" it is vital to its preservation.
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This article describes a model to help your lawyers evaluate the relative value of the information they are sending to their clients and help you communicate the importance of delivering value in their written communications to clients.
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The Clark Hill opinion is notable because not only does it follow a string of recent opinions that have found data breach forensic reports not to be entitled to work product protection, it also goes one step further to find that a data breach forensic report is not protected by attorney-client privilege.
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As firms and their clients continue to navigate ongoing business challenges in 2021, BD and marketing professionals first need to understand how mature their efforts are in specific areas. Then, they can look at what the successful firms are doing differently, so they can position themselves to join those ranks.
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Responses from GCs on what matters most to their companies when hiring outside counsel.
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Although we understood how important in-person listening was before the pandemic, the background listening was something we used to take for granted. Here are five ways to practice active listening and remain engaged when we can't be in a physical environment.
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Partnerships are relationships, ideally relationships built on trust and a common goal. Successful partnerships require all parties working together — working together to service a client fully, generate revenue and to build a business. This requires openness and coordination.
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The common interest doctrine can be a powerful tool when used to block discovery of relevant and sometimes critical evidence. However, a determination of when it can be invoked requires a highly fact-intensive analysis.
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The current circumstances are giving rise to conversations about pricing, and driving both sides of the law firm-client relationship to seek common ground — both in the form of tried-and-true alternative fee arrangements and those that reflect a more innovative approach.
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A recent UK High Court ruling has provided lawyers everywhere with a stark reminder on the scope of privilege for electronic communications: just because an email itself is privileged does not automatically render the documents attached to that email privileged.