Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Holland & Knight ordered by Published Date Descending.
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ABA Clarifies Lawyers' Confidentiality Obligations Regarding Online Public Commentary
The American Bar Association (ABA), on March 6, 2018, issued Formal Opinion 480, which specifically examines confidentiality obligations for lawyer blogging and other public commentary.
United States
15 Mar 2018
Refresh Vs. Impeach: Know The Difference
Witnesses give bad answers all the time. They forget things, they make mistakes, they lie. We talked in earlier columns ...
United States
20 Feb 2018
Florida Supreme Court: Physicians' Peer Reviews Not Protected From Public Disclosure
The Florida Supreme Court has reversed a decision of the Florida Second District Court of Appeal and held that an analysis of a medical malpractice claim sent by an attorney to an external medical review company...
United States
6 Nov 2017
Employers May Wish To Update Electronic Access Policies To Assure Access To Employee's Emails With Counsel
Although finding attorney-client privilege unavailable, both courts held that work product privilege could be available if no one other than the employees and their counsel has, in fact, reviewed the emails.
United States
30 Jun 2017
Attorney Billing Records Not Categorically Protected By California Attorney-Client Privilege
The Supreme Court of California has held that California attorney-client privilege categorically protects attorney invoices for ongoing matters, but the degree of protection for concluded matters...
United States
26 May 2017
Washington Supreme Court Creates Bright-Line Rule
The Washington Supreme Court held in a 5-4 vote that attorney-client privilege does not apply to communications between corporate counsel and former corporate employees...
United States
4 Nov 2016
New York Appellate Division Strongly Supports In-House Law Firm Privilege Claim
The First Judicial Department of the New York Appellate Division has upheld a claim of attorney-client privilege for documents reflecting communications between attorneys at a firm and that firm's in-house counsel.
United States
15 Jul 2016
Federal Circuit Recognizes Privilege For Communications With Non-Lawyer Patent Agent
This decision has significant ramifications for patent applicants and their patent agents, as well as for attorneys practicing in this area of the law.
United States
15 Apr 2016
California Law: Attorney Billing Records Protected By Attorney-Client Privilege
This is the first clear holding in California that protects invoices from disclosure under the attorney-client privilege because attorney invoices are confidential communications between attorney and client.
United States
4 Jun 2015
Ethical Obligations For Florida Attorneys: Advising Clients On Social Media
Rule 4-1.1 and Rule 4-3.4 Describe the Competency and Fairness to Opposing Counsel Considerations
United States
9 Feb 2015
New Jersey Supreme Court Officially Adopts Common Interest Doctrine
In an issue of first impression, the New Jersey Supreme Court has formally adopted confidentiality protections for aligned parties that share common interests.
United States
19 Aug 2014
UPDATE: D.C. Circuit Clarifies Standard For Required Factual Disclosures
The D.C. Circuit issued its en banc opinion in American Meat Institute v. U.S. Department of Agriculture.
United States
4 Aug 2014
D.C. Circuit Upholds Protection Of Attorney Client Privilege In Internal Investigations Conducted Pursuant To Regulatory Mandate
The D.C. Circuit granted a writ of mandamus and vacated a district court order requiring the production of a company's internal investigation documents presumed to be protected.
United States
30 Jun 2014
Oregon Supreme Court: Law Firm In-House Privilege Is Alive And Well
An increasing number of cases from jurisdictions across the United States follow the basic fact pattern in Crimson Trace Corp. v. Davis Wright Tremaine LLP.
United States
12 Jun 2014
Court Allows Agency To Withhold Certain Historical Records Under FOIA
The D.C. Circuit issued a ruling in allowing the CIA to withhold a draft of one volume of a history of the Bay of Pigs Invasion under FOIA Exemption 5.
United States
22 May 2014
Second Circuit Holds In-House Lawyer Precluded From Blowing Whistle On Former Employer
The Second Circuit issued an opinion tackling the interplay between an attorney's ethical obligation to maintain client confidences and the ability to act as a "whistleblower" to report unlawful conduct to the government.
United States
12 Nov 2013
What It Means To Prepare A Witness
Many lawyers do not prepare their witnesses adequately for testimony because they do not understand that the experience is not a normal one for the client.
United States
9 Oct 2013
Choosing A Specific Domain Name And Adding Commentary To Defamatory Posts Causes Host To Lose §230 Immunity
Via Section 230, the Communications Decency Act provides broad immunity for service providers, hosts and website operators for claims stemming from their publication of information created by third parties.
United States
16 Aug 2013
City Of Ceres: California Appeals Court CEQA Decision Complicates Whether Agencies' Communications With Developers Are Privileged
The Fifth District of the California Court of Appeal recently issued Citizens for Ceres v. Super. Ct. of Stanislaus County, a perplexing opinion holding that pre-project approval communications between the agency conducting California Environmental Quality Act review and the project applicant are not protected by the attorney-client privilege.
United States
18 Jul 2013
Electrical Discovery In Commercial, Construction Disputes Poses Challenges
Arbitration and mediation, two forms of alternative dispute resolution (ADR), are popular forums in which to resolve commercial and construction disputes.
United States
13 Mar 2013
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