This issue covers corporate subsidiary governance, litigation privilege, and partial pension wind-ups.
Are communications with your insurer protected from third party disclosure? Maybe so, maybe not. The modern rule is that, in order to be protected from compelled disclosure, the communications must clearly fall within the ambit of one of the traditional privileges: the attorney-client privilege, the work product doctrine, or the “common interest” extension of the foregoing protections.
There’s no doubt that the attorney-client and work product privileges are critical tools to ensure that your clients receive optimal advice. In this decidedly different strategy regarding the use of privilege, however, Laura Effel, of Baker & McKenzie, demonstrates why you may want to think twice about conducting certain privileged investigations.