To Guard Against Waiving Privilege, Don't CC The Boss

Law360 (May 13, 2019, 2:52 PM EDT) -- The attorney-client privilege protects communications between attorneys and clients made for providing or obtaining legal, as opposed to business, advice. The privilege is essential to assure forthright and candid exchange between attorneys and their clients, without fear that the contents of those communications will be disclosed.[1] 

However, the privilege is waived when the client voluntarily discloses the protected communications to a third party.[2] Thus, attorneys and clients must be careful to guard against a waiver of the privilege by disclosing communications to other entities within the same corporate family.

A recent opinion issued by the United States District Court for the Southern...

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