Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Joel Cavanaugh

Joel Cavanaugh

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The Most Overlooked Exception to Attorney-Client Privilege

In-house counsel often communicate with corporate management under the assumption that these communications are protected by the attorney-client privilege— absent some type of unusual and extraordinary circumstance, such as waiver of the privilege or the crime-fraud exception. A surprising number of both in-house and outside counsel, however, are unfamiliar with the longstanding “fiduciary exception” to … Continue Reading