Tag Archives: Privilege

Claiming absolute privilege or qualified privilege as a defense in litigation involving alleged defamatory statements

Claiming absolute privilege or qualified privilege as a defense in litigation involving alleged defamatory statementsSpring v County of Monroe, 2019 NY Slip Op 00747, Appellate Division, Fourth DepartmentThe relevant facts in this action were not in dispute. Monroe County terminated … Continue reading

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How Much Privilege Review is Required Under a Clawback Agreement?

An interesting dispute unfolding between business competitors highlights the practical and legal implications of clawback agreements. In Arconic, Inc. v. Novelis, Inc., et al, Civil Action 17-1434 (W.D. Pa. Feb. 25, 2019), one party produced privileged documents and requested their … Continue reading

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Is there Any Marital Privilege Left After Divorce?

As Joseph DeAngelo (the “East Area Rapist”) may soon find out, a divorced spouse can spill a lot of beans. He was separated from his wife for years, but she’s just made divorce official and that’s a boon for the … Continue reading

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The Crime-Fraud Exception to the Attorney-Client Privilege: A Quick Note

In an earlier post on the scope of Attorney-Client privilege, I briefly mentioned the existence of an exception to the powerful Attorney-Client privileged.  That exception is the Crime-Fraud exception which, if properly invoked, has the ability to totally destroy the … Continue reading

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Are GAL Communications and Work Product Covered By Attorney-Client Privilege?

In this article, we will answer a reader question: “are Guardian Ad Litem communications and work product covered by attorney-client privilege?” Read more detail on Recent Real Estate and Property Law posts –

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