Attorney-Client Privilege -- Work Product

  •  

    Many companies, both large and small, conduct self-audits of their classification of employees as exempt or nonexempt from the Fair Labor Standards Act's (FLSA) overtime requirements. The decision to conduct a self-audit may be triggered by a variety of factors. For example, an employee may have complained about his status, and in resolving the...
  •  

    On December 1, 2006, the Federal Rules of Civil Procedure were amended to include specific provisions for handling electronically stored information. The Old Days: No Shred, No Foul The Federal Rules of Civil Procedure govern how we exchange information with our opponents in a lawsuit. Even before a lawsuit is filed, you have an obligation...

    Hot Topic
  •  

    The attorney-client privilege protects communications between attorneys and their clients, meaning a client doesn't have to disclose the advice given to him by his attorney, and an attorney can't be forced to divulge information provided by his client. The privilege isn't absolute and can be lost if the client fails to protect the communication....
  •  

    The Judicial Conference of the United States has approved changes to the Federal Rules of Civil Procedure that will govern the discovery (or pretrial fact-finding) of electronic communications, including e-mails and digitally stored documents. The U.S. Supreme Court still must approve the rules, but most legal analysts believe that...
  •  

    Most managers are aware of the legal dangers facing sales and marketing employees because triple damage awards and criminal convictions for price-fixing and market division are easily remembered. Similarly, Enron and other recent stock scandals remind businesspeople of the dangers of false financial reporting. HR professionals,...
  •  

    Does your insurance carrier have a right to view a confidential document written by your defense counsel that analyzes a lawsuit against your company? Conversely, do you have a duty to submit that document to your carrier? Suppose one of your employees accuses a co-worker of sexual harassment. You (e.g., as in-house...
  •  

    Employers increasingly recognize the potential liabilities and obligations created by the enormous growth in employment litigation and the increasing size of verdicts. Virtually every management decision could result in years of litigation, expensive damage awards or settlements, and intensive regulation by federal or state courts...
  •  

    Mississippi is an employment-at-will state, which means that the courts, with limited exceptions, continue to accept the doctrine that the employment relationship is mutually consensual. That is, it may be ended by either party at any time for any reason - or no reason at all - so long as it isn't for a prohibited reason. But the...
  •  

    Many of your companies are regulated by state or federal agencies. Those agencies occasionally seek to audit or inspect the records of the companies they regulate. Voluntarily turning over confidential information to those agencies may waive your right to later claim that the information is protected from disclosure. The...
  •  

    The National Labor Relations Board (NLRB) has issued an important decision affecting companies that conduct internal investigations or prepare reports. The NLRB affirmed BP Exploration (Alaska), Inc.'s right to refuse to disclose two reports prepared at the request of an in-house attorney. Facts In June 1999, an...
Syndicate content