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Attorney-Client Privilege Answer Book (2018 Edition)

Author(s): Christopher S. Ruhland
Practice Area: Attorney-client privilege, Attorney-client relations, Ethics and professional responsibility, Professional development
Date: Sep 2017 i Other versions can be found in the Related Items tab.
ISBN: 9781402429767
PLI Item #: 206154

Attorney-Client Privilege Answer Book is a practical resource for attorneys and clients seeking to understand the most significant privilege in the practice of law. The book, written in question-and-answer format, examines the boundaries of the privilege, providing guidance on issues that attorneys grapple with on a regular basis as to what is — and is not — covered by the privilege, and how the privilege is protected and lost.

Among the topics receiving in-depth treatment are what constitutes “attorney,” “client,” and “communication” for purposes of the privilege; choice-of law issues; waiver; and exceptions to the privilege. The 2018 edition is updated and expanded throughout, reflecting the most current state of the law. New material in the 2018 edition includes:

• New discussion of the “functional equivalent” test regarding whether the privilege applies to communications between independent contractors working for a company and the company’s lawyer

• New discussion of whether emails that an employee sends to his or her attorney using his or her employer’s system are confidential

• Updated guidance on preventing waiver of the privilege when privileged documents are inadvertently produced during discovery, using mechanisms provided by Federal Rule of Evidence 502

Christopher S. Ruhland is a litigation partner in the Los Angeles office of Dechert LLP. He formerly was a partner in Orrick, Herrington & Sutcliffe LLP, and he also previously served as Senior Counsel to The Walt Disney Company. Mr. Ruhland has significant civil trial and appellate experience in state and federal courts throughout the country. Mr. Ruhland has been recognized as a leading lawyer by Chambers USA for his general commercial litigation practice in California.

Mr. Ruhland is a frequent author and speaker on civil litigation and intellectual property topics. He has presented before numerous organizations, such as the International Trademark Association and the United States Copyright Society, and has given CLE presentations on the attorney-client privilege to several Fortune 500 companies. He has been featured in the Wall Street Journal, the Los Angeles Times, MSNBC, Bloomberg, and CNET.