Asserting the Common Interest Doctrine In Plan-Related Discovery

The common interest doctrine can be a powerful tool when used to block discovery of relevant and sometimes critical evidence. However, a determination of when it can be invoked requires a highly fact-intensive analysis.

7 minute read April 01, 2021 at 12:05 AM

Francis J. Lawall and

Marcy J. McLaughlin Smith

The common interest doctrine creates an oftentimes frustrating exception to the general rule that disclosure of information to a party outside of the normal attorney-client relationship destroys privilege.

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