Jim Archibald | BuildSmart Businesses who employ in-house attorneys frequently assume that copying their lawyer on internal communications shields the communications from discovery because of the attorney-client privilege. In 1981, the U.S. Supreme Court articulated the rule that the attorney-client privilege protects communications (a) between attorneys and clients (b) that are maintained in confidence and… Continue reading Merely Copying In-House Counsel Does Not Necessarily Establish Attorney-Client Privilege
Tag: Attorney-Client Privilege
Protecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction Litigation
David McLain | Higgins, Hopkins, McLain & Roswell The Hill Hotel Owner LLC v. Hanover Insurance Company case has garnered attention due to its implications on the scope of attorney-client privilege in construction litigation. This blog post delves into the project’s background, the ensuing litigation, and the intricate work undertaken by attorneys and experts, highlighting the potential… Continue reading Protecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction Litigation
The Attorney-Client Privilege: Beware of Pitfalls with Use of In-House Counsel
Alicia Curran | DRI The attorney-client privilege is the oldest of the common law privileges for withholding confidential communications recognized in American jurisprudence. It allows a person to seek legal advice and representation without suffering detrimental consequences, fostering full and frank communication between lawyers and their clients by protecting their confidential communications. Upjohn Co. v.… Continue reading The Attorney-Client Privilege: Beware of Pitfalls with Use of In-House Counsel
“The Lines Are Not Blurred”: Attorney Claim Handlers Are Not Protected by Attorney-Client Privilege
Michael S. Levine and Torrye Zullo | Hunton Insurance Recovery Blog A Michigan federal court in Wolverine World Wide Inc. v. The American Insurance Co. et al., No. 1:19-cv-00010 (W.D. Mich.), recently confirmed what should go without saying – a claim handler is a claim handler, even if they may also be a lawyer. Recognizing that… Continue reading “The Lines Are Not Blurred”: Attorney Claim Handlers Are Not Protected by Attorney-Client Privilege
Privilege and Work Product in Insurance Coverage Disputes
Adam Gajadharsingh | Barnes & Thornburg Disputes over the attorney-client privilege, work product doctrine, and other privileges and protections can affect outcomes in insurance coverage disputes. Anticipating these disputes can help prevent disclosure of an insured’s protected information and also afford an opportunity to apply pressure against an insurer withholding relevant information without a valid… Continue reading Privilege and Work Product in Insurance Coverage Disputes