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Kevin P Allen

Kevin P Allen

October 16, 2006 | The Legal Intelligencer

Everyday Lessons From a High-Profile Case

As 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 Advice

In 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 Case

A 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 Waiver

In 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 Advice

In 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