How In-House Counsel Should Handle Leaked Documents
December 13, 2013, 1:09 PM EST
Law360, New York (December 13, 2013, 1:09 PM EST) -- Imagine that you are the general counsel for a major U.S. corporation and you learn that an unknown source has leaked one of your company’s most privileged and confidential memos to The New York Times. Worse yet, the newspaper publishes an article about a leaked memo’s contents that address the heart of a massive class action your company is currently defending.
Does the unauthorized disclosure destroy the privileged nature of the memo or has your company taken sufficient steps to preserve the privilege notwithstanding the leak?...