Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Pitfalls of the Attorney-Client Privilege
The attorney-client privilege is fundamental. It protects communications: 1) made in confidence; 2) by a client; 3) to an attorney; 4) for the purposes of securing legal advice or assistance. In re Grand Jury Subpoena, 2 F.4th 1339, 1345 (11th Cir. 2021). However, its impenetrability is not absolute. Recent highly publicized criminal investigations and trials reinforce that the upsurge in investigations has led to increased scrutiny of these privileged communications.
The Crime-Fraud Exception
The attorney-client privilege does not protect communications made "in furtherance of a crime or fraud." provided that: 1) a prima facie showing is made that the client engaged in criminal or fraudulent conduct, or planning such conduct; and 2) the attorney's assistance was obtained, knowingly or not, in furtherance of the criminal or fraudulent activity. U.S. v. Zolin, 491 U.S. 554 (1989) (upholding in camera review when crime/fraud exception is alleged). A key component is that the privileged communication must "further" a crime or fraud.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.