Corporate Privileges and Confidential Information

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Law Journal Press, May 28, 2018 - Law - 500 pages
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"The single best source for attorneys to consult concerning issues dealing with the attorney-client privilege. It's a must have for any lawyer." -- Michael Ross (practitioner and law school professor)

Corporate Privileges and Confidential Information is designed to assist inside and outside counsel in negotiating obstacles to maintaining corporate secrecy. All rights to privacy and confidentiality that a corporation may assert are gathered in this useful volume, which also includes advice on how to protect information otherwise required to be disclosed to a government agency.

This definitive treatment covers: attorney-client, work product and joint defense privileges; trade secrets; confidential submissions to federal and state authorities; financial privacy; and access to personnel files. It presents guidance on complex issues such as: the unique position of corporations in claiming privilege; application of the work product privilege to internal communications; the causes and scope of a waiver of the work product privilege; differentiating between inside counsel's business and legal functions to determine attorney-client privilege; insuring confidentiality of information supplied to a government agency; the dangers of intra-corporate discussions of confidential matters; inadvertent disclosures; and keeping results of a corporate internal investigation immune from discovery.

Book ʊ looseleaf, one volume, 800 pages; published in 1999, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-087-6.
 

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Contents

Proceedings 214
2-41
CHAPTER 6
F-6
Federal Rules of Civil Procedure
G-1
CHAPTER 4
G-4
Work Product Privilege
viii
Joint Defense Privilege
x
Trade Secrets and Business Strategy
xii
Scope and Purpose of Rules
xvi
CHAPTER 9
9-1
CHAPTER 10
10-1
Rule 26b3 Work Product
10-2
CHAPTER 11
11-1
CHAPTER 12
12-1
2 Relationship Between Internal Revenue
12-2
CHAPTER 14
14-1
APPENDICES
14-13

Privileged Matter Disclosed Under Compulsion
xvii
Definitions
xviii
CHAPTER 1
1-1
AttorneyClient Privilege
2-1
and Elements
3-1
h Disclaimer of AttorneyClient
4-1
CHAPTER 5
5-1
SelfEvaluation Privilege
6-1
AccountantClient Privilege
7-1
a Whether the Information Is
8-1
Supreme Court Standards Proposed Federal
C-1
Subsequent Remedial Measures
C-2
Comment upon or Inference from Claim
C-4
Uniform Rules of Evidence Selected Provisions
D-1
Freedom of Information Act 5 U S C 552
E-1
Federal Tax Confidentiality Statutes
F-1
U S C 7525 Confidentiality Privileges Relating
F-8
U S C 2515 Prohibition of Use as Evidence
G-10
Index
1-1
Copyright

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About the author (2018)

Jerome Snider is General Counsel to the law firm of Davis Polk & Wardwell, having previously served as a litigation partner since 1983 and Litigation Department co-practice group coordinator. He has litigated complex matters in federal and state courts throughout the country for almost 30 years. Co-author of Professional Liability in Business and Commercial Litigation in Federal Courts (R.L. Haig ed.) (West Group & ABA, 1998), Mr. Snider has taught and lectured widely on privilege and other litigation-related subjects.

Howard A. Ellins is a retired partner and Senior Counsel to Davis Polk & Wardwell. He has represented many leading domestic and international corporations in a broad range of complex commercial litigation and investigations. He is a member of the Board of Trustees of Colgate University.

Michael S. Flynn is a litigation partner at Davis Polk & Wardwell where he represents accounting firms, industrial corporations, and financial institutions in complex civil litigation in federal and state courts. He received his undergraduate degree with honors from Princeton University and his law degree magna cum laude from New York University, where he was a member of the Law Review and Order of the Coif.

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