Blog Archives

Prohibiting Discovery of Attorney-Expert Communications

By Jeffrey M. Monhait Are communications between attorneys and their retained experts discoverable?  For now, the answer appears to be no, as a divided Pennsylvania Supreme Court recently affirmed a Superior Court decision “creat[ing] a bright-line rule denying discovery of

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Posted in Litigation

Attorney-Client Privilege & Corporate Dissolution

By Hayes Hunt and Arthur Fritzinger Allegheny County Court of Common Pleas Senior Judge R. Stanton Wettick Jr.’s recent ruling in Red Vision Systems v. National Real Estate Information Services, No. 14-0411 (Comm. Pls. Feb. 26, 2014), that the attorney-client

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Posted in Privilege

Maintaining Privilege With Consultants – Practical Guide

By Hayes Hunt and Arthur Fritzinger Previously, we talked about the legal standards applied to claims of attorney-client privilege between a company’s general counsel and outside consultants. Now, let’s talk about practical tips for maintaining that privilege. We explained the

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Posted in Corporate Compliance

Privileged Communications With Outside Consultants

By Hayes Hunt and Arthur Fritzinger Penn State University recently decided to waive attorney-client privilege and cooperate in the criminal prosecutions of certain former employees. Obviously, the former employees have attempted to assert privilege to exclude potentially incriminating statements. How

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Posted in Criminal Law

Upjohn Warning Update

By Hayes Hunt and Michael Zabel By now, the concept of Upjohn warnings should be familiar to any counsel, whether in-house or external, who represents a corporation’s interests in an internal investigation. In a nutshell, an Upjohn warning is derived

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Posted in Prosecution & Defense

Swartz Suicide: Duties of Prosecutors and Defense Attorneys

By Hayes Hunt and Calli Varner Aaron Swartz, 26 year-old co-founder of Reddit and long-time activist against the Stop Online Piracy Act (SOPA), committed suicide.  Mr. Swartz killed himself weeks before his trial for charges related to his access to MIT’s computer

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Posted in Prosecution & Defense

Evidence Needed For Crime-Fraud Exception to Attorney-Client Privilege

By Hayes Hunt and Michael Zabel How much evidence is enough to establish the crime-fraud exception to attorney-client privilege? With its recent opinion in In re Grand Jury, Nos. 12-1697 & 12-2878 (Dec. 11, 2012), the U.S. Court of Appeals

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Posted in Prosecution & Defense

Fired for “Liking” – Social Media Use at Your Job

By Hayes Hunt and Jillian Thornton Giving your opinion on politics or complaining about the boss to your friends via Facebook is so commonplace and rampant that few people probably stop to think about the consequences of their posting. Less

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Posted in Social Media & Law

Predictive Coding – Clawing Back Privileged Documents

By Hayes Hunt and Jillian R. Thornton With regard to privilege review, lawyers utilizing predictive coding of ESI need to be especially vigilant not to inadvertently produce privileged documents. Although predictive coding can be used to assess privilege as well

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Posted in Litigation

When to Appeal Privilege Claims – State and Federal Differences

Contributed by Thomas Wilkinson, Jr. and Issa Mikel In Commonwealth of Pennsylvania v. Harris, No. 8 EAP 20098 (Pa. 2011) (McCaffrey, J.), the Pennsylvania Supreme Court reaffirmed its prior rule that orders overruling claims of privilege are immediately appealable as

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Posted in Privilege
About the Editor
Hayes Hunt concentrates his practice in the representation of individuals, corporations and executives in a wide variety of federal and state criminal law and regulatory enforcement matters as well as complex civil litigation. Hayes is a partner in the firm's Commercial Litigation Department as well as its Criminal Defense and Governmental Investigations Group.
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