What To Know About The Common Interest Privilege

Law360, New York (June 25, 2013, 12:02 PM EDT) -- The attorney-client privilege normally is waived when the privileged communication is disclosed to a third party. Courts in New York and other jurisdictions recognize as an exception to this rule a “common interest privilege”[1] that permits parties aligned in interest in a pending litigation to share their respective attorney-client communications without making the content of such communications subject to discovery.

But parties often recognize their common interests before litigation begins and may not want to wait for the filing of a lawsuit to begin collaboration. This...
To view the full article, register now.