25, 2015 /PRNewswire/ -- Today Federal Court Judge Jesse Furman, who oversees the ongoing litigation against GM for its faulty ignition switches, entered an order denying Plaintiffs motion which sought to compel General Motors LLC, or New GM, and their counsel King & Spalding to produce documents under the crime-fraud exception to attorney-client communications
and attorney work product.
Especially when many executives and companies like those involved in the Third Circuit's case are operating in "complex legal and regulatory environments," in which consulting with their attorneys is necessary before taking any action at all, (224) courts should grant them the benefit of the doubt by adopting a preponderance of the evidence standard to require outright disclosure of otherwise privileged attorney-client communications
usually aren't subject to disclosure under Oregon's public records law, but Brown's office said those emails were incorrectly labeled as privileged communications.
6) Despite notifying the NSA that the contents of the communications appeared to be privileged attorney-client communications
, the Directorate continued covering the communications between the law firm and its client, "providing highly useful intelligence for interested US customers" (7) after receiving guidance from the American agency.
Simply put, if a taxpayer raises a defense that can be effectively disproven only through the discovery of attorney-client communications
, the taxpayer impliedly waives attorney-client privilege.
The agency is barred from sharing with prosecutors intercepted attorney-client communications
involving someone under U.
Managing this threat begins with identifying the risk and educating underwriting and claims personnel to understand that even attorney-client communications
may be the subject of discovery.
Privilege and the Work Product Doctrine Information normally considered to be protected from discovery includes attorney-client communications
and documents created by (or for) the attorney in preparation for litigation.
Without the privilege, trustees might be inclined to forsake legal advice, thus adversely affecting the trust, as disappointed beneficiaries could later pore over the attorney-client communications
in second-guessing the trustee's actions.
The Attorney-Client Privilege Task Force is making a recommendation to allow greater protection to attorney-client communications
and attorney work product for all public agencies.
In order to request privileged attorney-client communications
, a prosecutor must obtain approval directly from a deputy attorney general.
This will enable the public to have access to pertinent information relating to settlement proposals while protecting the detailed legal analysis and strategies of the county's attorneys and avoiding adverse consequences which could result from public disclosure of such attorney-client communications
," Fortner wrote.