privilege waiver

  • Jason Krause

Is it Possible to Protect Attorney Client Privilege from Waiver?
Is it Possible to Protect Attorney Client Privilege from Waiver? 150 150 Jason Krause

Executives from phone giant Nokia got a nasty surprise when they sat down to negotiate an important licensing agreement with competitor Samsung. Samsung representatives demanded that Nokia give them the same terms as Nokia had given Apple in an earlier agreement. The Apple agreement was supposed to be confidential, but Samsung executives allegedly bragged that…

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  • Jason Krause

Courts Agree: It’s Easy to Waive Your Attorney Client Privilege
Courts Agree: It’s Easy to Waive Your Attorney Client Privilege 150 150 Jason Krause

Defending privileged documents in eDiscovery is not easy. (See our recent post, “Why Lawyers Are So Bad at Protecting Privilege.”) The right to private communication is vital to the practice of law, but, with the explosion of digital evidence in litigation, lawyers are finding it increasingly hard to protect every single piece of attorney-client work…

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  • Jason Krause

Privilege Waiver: You Can't Unscramble Those Eggs
Privilege Waiver: You Can't Unscramble Those Eggs 150 150 Jason Krause

In theory, protecting your privileged attorney-client work product should be a straightforward and simple matter. In a new ruling out of Ohio, Inhalation Plastics, Inc. v. Medex Cardio-Pulmonary, Inc., (S.D. Ohio Aug. 28, 2012), all the defendants had to do was mark documents as confidential, and make sure not to produce them to opposing counsel.…

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