Privilege protects insurer in bad faith lawsuit 
By:
Pat Murphy
Published: March 22, 2011
Tags: attorney-client privilege, bad faith
The attorney-client privilege applies to preclude the disclosure of communications and correspondence in a first-party bad faith action against a disability insurer, the Florida Supreme Court has ruled in affirming judgment.
Employee’s e-mails to lawyer aren’t protected
By:
Pat Murphy
Published: January 19, 2011
Tags: attorney-client privilege, constructive discharge, hostile environment, sexual harassment
The attorney-client privilege did not protect e-mails that an employee sent to her attorney in anticipation of a discrimination lawsuit, the California Court of Appeal has ruled in affirming a defense verdict.
‘Fairly debatable’ defense doesn’t waive attorney-client privilege
By:
Sylvia Hsieh
Published: November 3, 2010
Tags: attorney-client privilege
In a bad faith action, Allstate didn’t waive the attorney-client privilege in certain documents by implicitly raising an advice of counsel defense, the Indiana Court of Appeals has ruled in reversing a lower court.
Law firm can circumvent privilege for ‘self defense’
By:
Pat Murphy
Published: September 30, 2010
Tags: attorney fees, attorney-client privilege, legal malpractice, self-defense, “self-protection” exception
A common law exception to the attorney-client privilege exists that allows a law firm to discover privileged material needed to justify its fees and defend against a claim of malpractice, the Ohio Supreme Court has ruled in reversing judgment.
Businessman can’t claim attorney-client privilege
By:
Pat Murphy
Published: July 9, 2010
Tags: attorney-client privilege
A businessman indicted for fraud could not prevent the disclosure of communications with his company’s attorneys, the 9th Circuit has ruled in affirming a conviction.
Privilege waived for inadvertently disclosed e-mail
By:
Pat Murphy
Published: June 4, 2010
Tags: attorney-client privilege, e-discovery, Federal Rules of Civil Procedure
The plaintiff in an insurance coverage dispute waived the attorney-client privilege regarding an e-mail which was inadvertently disclosed during a massive production of e-discovery, a U.S. District Court in West Virginia has ruled.
Employment lawyers face challenges with e-mail policies
By:
Correy Stephenson
Published: May 14, 2010
Tags: attorney-client privilege, e- mail policies, e-mail, technology
A recent decision from the New Jersey Supreme Court addressing the attorney-client privilege in the context of employee e-mails has employers concerned about their ability to monitor e-mail and Internet use.
Job bias plaintiff didn’t waive privilege
By:
Pat Murphy
Published: May 14, 2010
Tags: attorney-client privilege, racial discrimination, work-product privilege
An employment discrimination plaintiff did not completely waive his privilege with respect to his former lawyer’s files when he used portions of those records in opposing the defendant’s motion for summary judgment, the 9th Circuit has ruled in overturning a discovery order.
Law firm can protect investigative reports
By:
Pat Murphy
Published: April 7, 2010
Tags: attorney-client privilege, sexual abuse, work product doctrine
A law firm was not required to disclose notes and memoranda prepared in connection with its internal investigation of sexual molestation allegations at a public school, the 7th Circuit has ruled in reversing judgment.
Employer can’t read employee’s e-mails to lawyer
By:
Correy Stephenson
Published: March 31, 2010
Tags: attorney-client privilege, e-mail, employment discrimination
An employer can’t read e-mails an employee sent to her lawyer on a work laptop from a private e-mail account, the New Jersey Supreme Court has ruled.
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