Using the messages as evidence is still dicey.
From U.S. v. Heppner, handed down today by Judge Jed Rakoff (S.D.N.Y.): ...
A flat-bladed screwdriver can hew away strips of wood. But any woodworker knows a chisel would be the preferred tool for shaving and shaping the wood. Forcing a tool to perform another task not only ...
Can employees retain attorney-client privilege for e-mails sent to their lawyers using employer-provided e-mail and computers? Attorney Anthony E. Davis seeks to reconcile apparently inconsistent ...
Q: We are in a civil case with others, suing a person who engaged in fraudulent misconduct. We share the same attorney who is trying to establish that the attorney-client privilege between this guy ...
Samantha Weissbluth, senior counsel, and Simon Johnson, associate, Foley & Lardner LLP, Chicago The fiduciary exception to attorney-client privilege has long complicated attorneys’ lives. And that’s ...