Corporate Privileges and Confidential Information

By Jerome G. Snider, Howard A. Ellins and Michael S. Flynn
Publisher: ALM

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ISBN: 9781588520876
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Product description

Corporate Privileges and Confidential Information is designed to assist inside and outside counsel in negotiating obstacles to maintaining corporate secrecy. All rights to privacy and confidentiality that a corporation may assert are gathered in this useful volume, which also includes advice on how to protect information otherwise required to be disclosed to a government agency.

This definitive treatment covers: attorney-client, work product and joint defense privileges; trade secrets; confidential submissions to federal and state authorities; financial privacy; and access to personnel files. It presents guidance on complex issues such as: the unique position of corporations in claiming privilege; application of the work product privilege to internal communications; the causes and scope of a waiver of the work product privilege; differentiating between inside counsel's business and legal functions to determine attorney-client privilege; insuring confidentiality of information supplied to a government agency; the dangers of intra-corporate discussions of confidential matters; inadvertent disclosures; and keeping results of a corporate internal investigation immune from discovery.

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Table of contents



CHAPTER 1

Introduction

CHAPTER 2

Attorney-Client Privilege

CHAPTER 3

Work Product Privilege

CHAPTER 4

Joint Defense Privilege

CHAPTER 5

Privilege Against Self-Incrimination

CHAPTER 6

Self-Evaluation Privilege

CHAPTER 8

Trade Secrets and Business Strategy

CHAPTER 9

Confidential Submissions to Government Agencies Chapter Contents

CHAPTER 10

Financial Privacy and Bank Records

CHAPTER 11

Personnel Files

CHAPTER 12

Confidentiality in Settlement Negotiations and Mediation Proceedings

CHAPTER 13

Tax Returns and Tax Return Information

CHAPTER 14

Deliberative Process Privilege

Appendices

Index