Nicholas Snider and Gregory Thompson | Hahn Loeser & Parks The construction industry has been quick to integrate AI into its business practices and efficiencies are being recognized. However, such adoption is not without risk. Two recent court rulings help to illustrate one risk stemming from the use of AI: the potential for waiver of the… Continue reading AI Users Beware: Information Submitted to AI Systems May Waive the Attorney-Client Privilege and Attorney Work-Product Protection
Tag: Attorney-Client Privilege
Balancing Discovery and Protecting the Attorney-Client Privilege In the Insurance Coverage Context
Meredith Schilling | Zelle A recent case out of Colorado highlights the continued attack on the attorney-client privilege during the claim adjustment process. In In re: Hill Hotel Owner, LLC v. Hanover Insurance Company, 557 P.3d 798 (Colo. Oct. 29, 2024), the District Court issued an order requiring the insurer defendant to turn over all communications between… Continue reading Balancing Discovery and Protecting the Attorney-Client Privilege In the Insurance Coverage Context
Merely Copying In-House Counsel Does Not Necessarily Establish Attorney-Client Privilege
Jim Archibald | BuildSmart Businesses who employ in-house attorneys frequently assume that copying their lawyer on internal communications shields the communications from discovery because of the attorney-client privilege. In 1981, the U.S. Supreme Court articulated the rule that the attorney-client privilege protects communications (a) between attorneys and clients (b) that are maintained in confidence and… Continue reading Merely Copying In-House Counsel Does Not Necessarily Establish Attorney-Client Privilege
Protecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction Litigation
David McLain | Higgins, Hopkins, McLain & Roswell The Hill Hotel Owner LLC v. Hanover Insurance Company case has garnered attention due to its implications on the scope of attorney-client privilege in construction litigation. This blog post delves into the project’s background, the ensuing litigation, and the intricate work undertaken by attorneys and experts, highlighting the potential… Continue reading Protecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction Litigation
The Attorney-Client Privilege: Beware of Pitfalls with Use of In-House Counsel
Alicia Curran | DRI The attorney-client privilege is the oldest of the common law privileges for withholding confidential communications recognized in American jurisprudence. It allows a person to seek legal advice and representation without suffering detrimental consequences, fostering full and frank communication between lawyers and their clients by protecting their confidential communications. Upjohn Co. v.… Continue reading The Attorney-Client Privilege: Beware of Pitfalls with Use of In-House Counsel