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Attorney-Client Privilege

A ruling by the 4th U.S. Circuit Court of Appeals affirmed in part and vacated in part the conviction of a North Carolina man on charges of producing and possessing child sexual abuse material. (Associated Press file)
Nov 5, 2024

4th Circuit: Challenge to government’s filter protocol dismissed

Where a man’s challenge to the search protocol to be used by the government in reviewing material seized by from the man was rejected by the District Court, his appeal was dismissed.

Jan 29, 2024

Work thoughtfully, carefully to protect privilege, work product

By Mark McGrath The situation is a common one. During discovery in a civil action involving multiple defendants, it is revealed that counsel for the defendants conducted joint litigation-related activities […]

Aug 1, 2023

Ruling sharpens boundaries in attorney-client privilege 

By Kate Gordon Maynard  The North Carolina Supreme Court’s recent opinion in Howard v. IOMAXIS LLC (2023 WL 4037483 (June 16, 2023)), provides valuable guidance to in-house and outside counsel […]

Jul 14, 2023

Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege 

By Sarah A. Sheridan  Attorneys, particularly those working as in-house counsel or as outside counsel performing an investigation, often wear multiple hats and are expected to provide legal and business […]

Jun 28, 2023

Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege 

By Sarah A. Sheridan  Attorneys, particularly those working as in-house counsel or as outside counsel performing an investigation, often wear multiple hats and are expected to provide legal and business […]

Jul 12, 2018

Attorneys – Company’s agreement with feds preserved privilege

A written agreement between a corporation and the government preserved the company’s attorney-client privilege and work-product protection for information that the general counsel of a subsidiary entity disclosed to the […]

Jul 2, 2018

Attorneys – Attorney-Client Privilege – Insurance – Bad Faith Claim – Claim Files – Certified Question

  Because plaintiffs established a prima facie case of bad faith failure to insure, and because the defendant-insurer in its answer denied bad faith liability, the district court ruled that […]

Nov 6, 2017

Attorneys – Attorney-Client Relationship – Indemnity Agreement – Privilege – Civil Practice – Discovery – Findings of Fact & Conclusions of Law

Friday Investments, LLC v. Bally Total Fitness of the Mid-Atlantic, Inc. (Lawyers Weekly No. 010-072-17, 11 pp.) (Paul Newby, J.) Appealed from Mecklenburg County Superior Court (Jesse Caldwell III, J.) […]

Mar 30, 2017

Not privileged

Where a Virginia man signed a confidentiality waiver as part of his probation agreement with the state, during his sentencing hearing for another case, the district court did not err […]

Jan 30, 2017

Waiver of privilege can extend to opinion counsel

One of the surest ways for a defendant to waive the protections on attorney-client communications is to invoke an “advice of counsel” defense. It stands to reason that if the […]

Jun 16, 2016

Common business interest doesn’t create attorney-client privilege

A chain of fitness clubs is perhaps sweating a bit more heavily after the North Carolina Court of Appeals ruled that it will have to hand over emails it exchanged […]

Apr 28, 2016

Friend’s presence no bar to attorney-client privilege, appeals court rules

Some things in life are better when you bring a friend along. Meeting with your attorney, however, is not traditionally one of them. Although attorneys say that having a trusted […]


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