October 16, 2006 | The Legal Intelligencer
Everyday Lessons From a High-Profile CaseAs any attorney will tell you, disputes over the application and scope of the attorney-client privilege arise often in everyday lawsuits that are of interest only to the parties involved. But they also apparently arise in high-profile cases involving cele
By Kevin P. Allen
5 minute read
February 28, 2013 | The Legal Intelligencer
Insurance Counsel and the Attorney-Client Privilege: Who Is the Client?When an insurance company selects and pays a lawyer to defend an insured policyholder, whom does the lawyer represent?
By Kevin P. Allen
5 minute read
March 06, 2007 | Law.com
The Attorney-Client Privilege and the 'Complete Lawyer': More than Mere Legal AdviceIn order to best serve the client, the well-informed and well-prepared lawyer -- the "complete" lawyer -- often does more than provide only "legal advice" in a narrow sense, writes attorney Kevin P. Allen. A valuable attorney frequently provides specific guidance and recommendations concerning changes to a client's policies and practices. And, as the 2nd Circuit held in a recent case, the client does not lose the protection of the attorney-client privilege when an attorney offers such practical advice.
By Kevin P. Allen
6 minute read
October 03, 2006 | Law.com
Attorney-Client Privilege: Everyday Rules From a High-Profile CaseA Pennsylvania federal judge was recently called on to apply the attorney-client privilege to a case in which the plaintiff accused comedian Bill Cosby of sexual assault and defamation. The judge's resolutions of the parties' dispute provide guidelines that are equally applicable in cases with less notoriety, but with no less importance to the participants, says Thorp Reed & Armstrong's Kevin P. Allen.
By Kevin P. Allen
5 minute read
April 02, 2008 | Corporate Counsel
Companies Can No Longer Expect to Rely on 'Selective Waiver'Attorney Kevin P. Allen discusses the recent decision involving Credit Suisse, which signals to corporations that if they voluntarily give documents to a government agency, they may in effect be handing those documents over to future plaintiffs in a lawsuit. The U.S. District Court for New York's Southern District rejected the "selective waiver" doctrine and found that absent extraordinary circumstances, a full waiver of attorney-client and work product privileges can result from a voluntary disclosure.
By Kevin P. Allen
3 minute read
October 03, 2007 | Law.com
Inadvertent Disclosure? Act Fast or Risk Privilege WaiverIn a matter of first impression for a Pennsylvania appellate court, the Superior Court has taken a hard line on the inadvertent disclosure of privileged documents. Attorney Kevin P. Allen discusses the court's ruling, which found that a party had waived its attorney-client privilege concerning a document that was mistakenly faxed to opposing counsel. Allen notes that in applying a five part test on waiver, one factor seemed to play a pivotal part in the court's decision-making.
By Kevin P. Allen
6 minute read
September 11, 2007 | Law.com
Digital Defamation III: Is the 9th Circuit Reining in the CDA?Courts have almost uniformly given broad immunity to Internet service providers and Web site operators for third-party content, based on the Communications Decency Act. But a recent 9th Circuit holding has the potential to reverse that trend, according to attorney Kevin P. Allen. He discusses the court's decision, which held that a roommate-matching Web site was disqualified from full CDA immunity due to its level of participation in the generation and dissemination of much of the site content.
By Kevin P. Allen
5 minute read
March 06, 2007 | National Law Journal
The Attorney-Client Privilege and the 'Complete Lawyer': More than Mere Legal AdviceIn order to best serve the client, the well-informed and well-prepared lawyer -- the "complete" lawyer -- often does more than provide only "legal advice" in a narrow sense, writes attorney Kevin P. Allen. A valuable attorney frequently provides specific guidance and recommendations concerning changes to a client's policies and practices. And, as the 2nd Circuit held in a recent case, the client does not lose the protection of the attorney-client privilege when an attorney offers such practical advice.
By Kevin P. Allen
6 minute read
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