89) Rules of privilege are generally regarded as substantive for conflict of laws purposes (90)--therefore, in jurisdictions that apply the law of the state with the "most significant relationship" to the dispute, the law of the forum with the most significant relationship to a privileged
communication determines the existence and scope of the privilege.
As the scope of potentially privileged
materials expands, the burden and expense of sorting through those materials to segregate privileged
content for e-discovery purposes similarly increases.
However, an important rule about privilege is that waiver applies broadly, not only to portions of communications that are actually disclosed, but also to all potentially privileged
communications that involve the same subject matter.
Establishing management or ownership might avoid this potential outcome by an agreement with successor ownership regarding special access to, or control over, certain privileged
The phrase "would not be available at law" creates an exception for documents that would be privileged
in civil discovery.
Third, the advent of e-mail and electronically stored information has resulted in massive data dump document disclosures including inadvertently-disclosed privileged
CFOs May Be First Line of Defense Susan Hackett, senior vice president and general counsel of the ACCA, receives calls from legal counsel at various companies who are receiving pressure from "internal folks--the CEO, CFO" asking the general counsel to release privileged
documents to auditors to meet a filing deadline.
Whether an insured and its insurer share a "community of interest" such that privileged
communications shared with the insurer will retain their privileged
status is not easily resolved in all cases.
As Kovel established, CPA-client communications may be privileged
under a specific set of conditions.
The narrow interpretation of the privileges, and ability of the judge to force disclosure of otherwise privileged
information, indicate that the following rules are guidelines to be used by the court in their decision-making process.
If a security manager is testifying under oath in court or in a deposition, he or she must truthfully answer questions about the attack and cover-up, even though the attorney-client conversation itself may be privileged
and the manager may be able to refuse to answer que stions about that particular conversation.
To be effective advocates for their clients' rights, school counselors must have a good grasp of issues related to the following concepts: the legal status of minors and the legality and ethics of privacy, confidentiality, privileged
communication, and informed consent.
We must, as William Gairdner urges, define marriage very strictly in law "as a socially privileged
institution for the joining of man and woman in society's procreational project, thus establishing the natural family as the ideal.
with respect to tax advice, the same common law protections of confidentiality which apply to a communication between a taxpayer and an attorney shall also apply to a communication between a taxpayer and any federally authorized tax practitioner (CPA, attorney, enrolled agent, enrolled actuary) to the extent that the communication would be considered a privileged
communication between a taxpayer and an attorney.
The Clinton administration also adopted the very broad view that all White House communications are presumptively privileged
and that Congress has a less valid claim to executive branch information when conducting oversight than when considering legislation.