Attorney-Client Privilege Derailed By Custom And Practice

Law360, New York (April 13, 2016, 11:03 AM EDT) -- Michael L. Foran

Gavin Coull The tension between the limited and strictly construed requirements for the preservation of attorney-client privilege under U.S. law and the custom and practice in the London insurance market was explored by U.S. Magistrate Judge Roanne Mann's Feb. 19, 2016, opinion in Certain Underwriters at Lloyd's v. National Railroad Passenger Corporation, 2016 (E.D.N.Y., Feb. 19, 2016). Judge Mann held that the requirement of maintaining confidentiality is central to preserving the privilege under U.S. law and that failing to do so can waive the privilege. While Judge Mann's order is presently the subject of a motion for reconsideration...

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