TITLE

Protecting the Attorney-Client Privilege in Business Negotiations: Would the Application of the Subject-Matter Waiver Doctrine Really Drive Attorneys from the Bargaining Table?

AUTHOR(S)
Imwinkelried, Edward J.
PUB. DATE
January 2013
SOURCE
Duquesne Law Review;Winter2013, Vol. 51 Issue 1, p167
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article focuses on the issue of implementing a subject matter waiver rule in business negotiation. It provides information that a lawyer can use the attorney client privilege waiver for his or her tax benefits. It informs that the prospect of a subject matter rule gives the client a powerful motivation to explain the client's legal argument. It discusses an attorney's and a client's role in commercial negotiation. It presents litigation and negotiation settings in selective disclosures.
ACCESSION #
86412661

 

Related Articles

  • Scope of Waiver: Post-Seagate Trends. Hill, Reginald J.; Tabah, Nangah N. // Intellectual Property Litigation;Summer2012, Vol. 23 Issue 4, p26 

    The article discusses how district courts have created the scope of waiver attorney-client privilege and work product immunity in patent infringement cases post-Seagate. It cites three categories of work product relevant to the advice-of-counsel defense recognized by the Federal Circuit....

  • Tax Controversy Corner. Boxerman, Sanford J. // Journal of Passthrough Entities;Mar/Apr2015, Vol. 18 Issue 2, p43 

    The article offers information on implications for taxpayers to determine the context of contesting related to the U.S. Code section 6662 for imposition of accuracy-related penalty on underpayments. Topics discussed include opinion of tax court on an inadvertent waiver of the attorney-client...

  • Improving a child's access to counsel. Hoskins, Michael W. // Indiana Lawyer;11/9/2011, Vol. 22 Issue 18, p1 

    The article reports on the proposed draft rule that would modify waiver procedures in the juvenile justice system in Indiana. Wayne Superior Judge Darrin Dolehanty has made it a priority to appoint an attorney for a juvenile in every case and does not give parents the chance to waive that right....

  • Inadvertent Disclosure in E-Discovery: How to Avoid Waiver of Privilege. Gonzalo, Lisa M. // Commercial & Business Litigation;Fall2015, Vol. 17 Issue 1, p19 

    The article offers tips for American law firms facing large electronically stored information (ESI) cases to avoid inadvertent disclosure and inadvertent waiver of privilege. Topics include the importance of being proactive at the early stages of discovery, the need to work with opposing counsel...

  • For the Trustee's Ears Only. Wallenfelsz, Rebecca // Trusts & Estates;Feb2012, Vol. 151 Issue 2, p39 

    The article focuses on the fiduciary exception to attorney-client privilege. Topics include the court's determination of fiduciary responsibility, the duty to inform, and the scope and intent of administrative counseling. Information is provided on state codification of privilege laws and how...

  • Who Is the Client in the Closely Held Corporation? EPSTEIN, EDNA SELAN; Kane, Sean // Litigation;Fall2013, Vol. 40 Issue 1, p8 

    The article focuses on legal representation in lawsuits involving closely held corporation and discusses whom a lawyer must consider as the client between the corporation and the chief executive officer. It mentions the assumptions applied by courts with regard to attorney-client privilege. It...

  • Court: Disclosing to Government Waives Privilege. Jaeger, Jaclyn // Compliance Week;Jul2012, Vol. 9 Issue 102, p21 

    The article discusses the ruling of the U.S. Ninth Circuit Court of Appeals that the right to attorney-client privilege of many companies cannot be waived. The court explains that disclosure of privileged documents to the government waives the privilege. It points out that selective waiver...

  • When does a company have the choice to waive its attorney-client privilege in the USA? Riefberg, Linda; Passavia, Christopher // Journal of Securities Operations & Custody;Winter2014/2015, Vol. 7 Issue 2, p162 

    When US government enforcement agencies investigate, they often require or pressure parties to waive the attorney-client and work product privileges, but there is no uniform standard regarding when demanding or requesting such waiver is appropriate. Deciding whether to advise your client to...

  • VOLUNTARY CLIENT TESTIMONY AS A PRIVILEGE WAIVER: IS OHIO'S LAW CAUGHT IN A TIME WARP? ALDEN, DAVID B.; SILVERSTEN, MATTHEW P. // Cleveland State Law Review;2011, Vol. 59 Issue 1, p1 

    The article focuses on voluntary client testimony as attorney-client privilege waiver in Ohio. Topics discussed include 1853 Ohio Code of Civil Procedure and the 1878 Ohio Code of Civil Procedure, the Ohio Supreme Court's decision in case Spitzer v. Stallings that addressed the issue of...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics