Criminal defendants accused of white-collar crimes often deal with lawyers before and even while engaged in their alleged criminal misconduct. All or most lawyers have the vague notion that the ...

A flat-bladed screwdriver can hew away strips of wood. But any woodworker knows a chisel would be the preferred tool for shaving and shaping the wood. Forcing a tool to perform another task not only ...

On February 7, 2025, the Second Circuit ruled that the crime-fraud exception would prevent the former CEO of a public company from invoking attorney-client privilege to prevent an outside lawyer and ...

Samantha Weissbluth, senior counsel, and Simon Johnson, associate, Foley & Lardner LLP, Chicago The fiduciary exception to attorney-client privilege has long complicated attorneys’ lives. And that’s ...

One of the great myths of the legal profession is that the attorney-client privilege promises absolute confidentiality, to ensure clients' full disclosure to their counsel. However, as most lawyers ...

From U.S. v. Heppner, handed down today by Judge Jed Rakoff (S.D.N.Y.): ...

I read your article about attorney-client privilege and how the privilege survives after death. But, there are several other exceptions that may be of interest and I am asking if you would discuss ...

Q: We are in a civil case with others, suing a person who engaged in fraudulent misconduct. We share the same attorney who is trying to establish that the attorney-client privilege between this guy ...