Tag Archives: Privilege

The Limits of Executive Privilege

POGO – “In light of the House Judiciary Committee’s important hearing today on executive privilege and Congressional oversight, we have excerpted portions of When Congress Comes Calling, The Constitution Project at the Project On Government Oversight’s study on legislative inquiry. … Continue reading

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Citing Third Party Disclosure, Court Rules Attorney-Client Privilege does not Protect Certain Emails

Communications between attorneys and their clients are generally thought to be confidential under the protection of attorney-client privilege and work product doctrine.  On May 6, 2019, however, the United States District Court Southern District of New York ruled that attorney-client … Continue reading

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Legal Intelligencer: Attorney-Client Privilege and Abuse of Privilege

In the April 11, 2019 edition of The Legal Intelligencer, Edward Kang, Managing Member of KHF wrote “Attorney-Client Privilege and Abuse of Privilege.” The attorney-client privilege, the oldest evidentiary privilege known to the common law, is an exception to one … Continue reading

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[Orin Kerr] Final Version, "Compelled Decryption and the Privilege Against Self-Incrimination"

Now out in the Texas Law Review.I am pleased to say that the Texas Law Review has published the final version of my article on how the Fifth Amendment applies to compelling a person to enter a password: Compelled Decryption … Continue reading

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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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