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.@OlshanLaw Litigation and White Collar & Government Investigations partner Derrelle Janey Publishes Article in @BLaw on Navigating the Crime-Fraud Exception in Antitrust Filing #OlshanLaw #BloombergLaw #AttorneyClientPrivilege #CrimeFraudException 🔗 Read more: lnkd.in/egU47ehM
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💭👀When power, influence, and personal relationships overlap, people naturally start asking questions about ethics, judgment, and accountability. #LegalInsight #ProfessionalEthics #FamilyLaw #AttorneyClientPrivilege #Accountability #EgglestonLawFirm #CasesandCocktails
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If standard discretionary disclosure language in an AI or cloud provider's terms of service or privacy policy destroys the "reasonable expectation of confidentiality" required for privilege, then nearly every law firm storing privileged communications and work product on Microsoft 365, Google Workspace, Dropbox, or cloud-hosted eDiscovery platforms is exposed — because those platforms have materially identical provisions. That's the implication of the court's reasoning in United States v. Heppner (S.D.N.Y. Feb. 17, 2026). To be clear: the documents in Heppner were seized from the defendant's home under a warrant, not obtained from Anthropic, the AI provider. And the Stored Communications Act and Warshak still require the government to get a warrant before compelling content from a platform. Those protections remain intact. But privilege is a different question. It asks whether the communicator maintained confidentiality — and the court treated boilerplate privacy policy language as negating it. If that reasoning is extended, opposing counsel could challenge privilege over any document that passed through a cloud service with standard disclosure terms. Criminal or civil. Law firm or pro se. I dig into the full analysis — including why the court may have relied on the wrong version of Anthropic's privacy policy and a proposed Reasonable Cloud Confidentiality Test — in my latest article. x.com/rothken/status/2027535… #AI #AttorneyClientPrivilege #WorkProduct #LegalTech #eDiscovery #Privacy #CloudComputing #Litigation

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Think your AI chats are confidential? A federal court in U.S. v. Heppner ruled that communications with a public AI model about legal strategy are discoverable in litigation: bit.ly/4kWGHWD #AI #AttorneyClientPrivilege
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This past week I posted about Judge Rakoff's ruling on AI privilege waiver. It was a LinkedIn post and an afterthought X crosspost. 2.3 million impressions later it's clear this isn't just a legal issue anymore. The question that caught fire: How many people are uploading confidential information into public AI tools right now, without thinking about the consequences? Turns out, a lot of people were wondering the same thing. This week's newsletter covers that ruling and much more: 🔹 Why AI-generated docs aren't protected by attorney-client privilege 🔹 OpenAI wins a privilege reversal on deleted training data 🔹 A DA sanctioned for undisclosed ChatGPT use in court filings 🔹 The CLEAR Act and TRAIN Act — two new bills that could reshape AI training transparency 🔹 Major crypto fraud sentences (8 and 20 years) 🔹 Vitalik Buterin's pushback on the "race to AGI" Full update linked below. Think before you prompt. #AI #LegalTech #Crypto #AttorneyClientPrivilege #AIRegulation
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The invocation of attorney-client privilege and the separation of powers represents a foundational appeal to constitutional safeguards. These principles exist precisely to maintain equilibrium between government branches and protect essential rights, irrespective of the administration or policy in question. A robust defense of these doctrines in court is a testament to their enduring importance. The judicial process will now serve its critical function in examining these complex questions of law, power, and procedure. The outcome will inevitably contribute to the ongoing delineation of authority within our constitutional framework. #RuleOfLaw #SeparationOfPowers #AttorneyClientPrivilege #JudicialProcess #ConstitutionalLaw Adhoura Aks #AdhouraAks
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The Supreme Court on July 31 declined to quash criminal proceedings against a lawyer accused of conspiring with the main accused in a criminal case. The Bench made it clear that lawyers cannot claim immunity from prosecution simply because of their professional status. The Court rejected the argument that a lawyer’s phone conversations with an accused person, in the absence of direct evidence, could not justify criminal charges. Read the Report: barandbench.com/news/litigat… #SupremeCourtofIndia #Advocate #Attorneyclientprivilege
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ED Action Threatens Legal Independence and Violates Lawyer-Client Privilege” — Dr. Anthony Raju, Supreme Court Advocate New Delhi, India – In a strongly worded legal stand, Dr. Anthony Raju, Advocate, Supreme Court of India, Managing Partner at Legal and Legal Associates (International Law Firm) and Chairman of the Indian National Legal Council for Human Rights Protection, condemned the recent actions of the Enforcement Directorate (ED) that seek to question advocates over legal opinions provided to clients. > “Allowing investigative agencies to question advocates on advice given to clients would destabilise the foundation and independence of the legal profession, particularly in connection with criminal and white-collar defence,” said Dr. Raju. ⚖️ Context: ED’s Summon to Senior Advocate Datar This comes in the wake of the ED sending a notice to Senior Advocate Arvind Datar earlier this month, demanding his appearance regarding legal advice he had provided to Care Health Insurance on employee stock options (ESOPs) allegedly issued to former Religare Enterprises chairperson Rashmi Saluja. Dr. Raju emphasized that the ED's action has grave ramifications for the independence of the legal profession and constitutes a direct threat to the foundational principle of lawyer-client privilege, which forms the bedrock of democratic legal systems worldwide. 🧾 Dr. Raju’s Legal Concerns: 🛑 Breach of Attorney-Client Privilege ⚖️ Undermining Constitutional Right to Fair Legal Counsel 🧑‍⚖️ Chilling Effect on Legal Representation in Sensitive Cases 🌐 Violation of Global Legal Norms and Jurisprudence 🚨 Potential Misuse Against Criminal and White-Collar Defence Lawyers > “If legal opinion is criminalised or second-guessed by investigative agencies, we are not far from silencing the legal profession itself. A lawyer cannot be made to defend the defence itself,” warned Dr. Raju. ED questioning lawyers India Arvind Datar ED notice Lawyer-client privilege India Dr Anthony Raju legal statement White collar defence lawyers Independence of legal profession India #AttorneyClientPrivilege #EDVsLegalIndependence #AnthonyRajuAdvocate #DefendLegalProfession #RuleOfLawIndia #WhiteCollarDefence @SupriyaShrinate @aajtak @LiveLawIndia @Reuters @BBCHindi @BBCBreaking @BBCWorld @supremecourt
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Privileged and confidential: Tracing attorney-client communication Escalating incidents of violence and harassment against lawyers underscores the need for a codified Advocates Protection Act across the nation. Writes Pragya Parijat Singh, an independent counsel practicing in Delhi. Read the Column: barandbench.com/columns/priv… #barandbench #columns #Lawyers #Attorneyclientprivilege #PrivilegedCommunication
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Lawyers across the country are up in arms over the recent Enforcement Directorate (ED) summons issued to Senior Advocate Arvind Datar over a professional legal opinion. Though the summons was later withdrawn, the incident has ignited a fierce debate about legal professional privilege, bringing renewed attention to the protections for lawyers under the Indian Evidence Act, 1872. President of the Supreme Court Bar Association and Senior Advocate Vikas Singh issued a stark warning about the implications of the ED's action. Read the Report: barandbench.com/news/bar-sla… #EnforcementDirectorate #LegalAdvice #ArvindDatar #Summons #attorneyclientprivilege #BarandBench
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Yikes, Tax Court! So . . . do you really think clients should pay 💲 💲 for #taxnirvana? ✅Tax attorneys know that clients take what we tell them and "spill that tea" 🫖 with their tax preparers. If you think your client is coming to you just to bask in your knowledge seeking a state of #tax nirvana 🧘 . . . nope. 🙄 🛡️Most people also understand that the #attorneyclientprivilege protects confidential communications between attorneys and clients if made for the purpose of obtaining or giving legal advice. Armed with that privilege, a client may refuse to disclose and stop others from disclosing those confidential communications. 🛡️Perhaps fewer people are familiar with the weaker IRC §7525 tax practitioner-client privilege. Basically, 🛑non-state🛑-tax-law-advice between a taxpayer and a federally authorized tax practitioner may receive the “same common law protections of confidentiality which apply to a communication between a taxpayer and an attorney” under IRC §7525. Here “tax advice” does not include tax compliance or business advice. ➡️ Both attorney client privilege and IRC §7525 may be waived upon disclosure of the information to a third party. ✅ Then we have Kovel agreements: counsel (engaged by client for legal services) engages a non-attorney tax professional as a specialist to support client service. A proper Kovel agreement extends the protection otherwise limited to attorney-client interactions to the non-attorney tax professional. Sounds like: “Wow! 🤯 Client will be able to keep even more communications from being disclosed to third parties.” Not so fast . . . 🤔A recent Tax Court ruling should ring some alarm bells when it comes to whatever all of that above means now. In the case, clients try to assert privilege for a number of docs related to a #microcaptiveinsurance arrangement. 🤔They maintain that their email to their accountant, which disclosed legal advice, is not a third-party waiver because of Kovel. 🤔The court is clear that tax prep advice is not the same animal as tax law advice and is simply not privileged (meaning Kovel won’t cover it). According to the court: “The disclosure to the accountant was not in furtherance of the legal advice, rather it was disclosed to assist in tax return preparation. Kovel does not apply in this circumstance, and petitioners waived attorney-client privilege with their disclosure of Exhibit 140-J.” Taxplaining🎙️ @taxcreditlawyer
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What happens to attorney-client privilege after Donna Adelson’s courtroom drama? Can this legal safeguard survive in a case like this? Our #bestguests Timothy Jansen, Dave Aronberg & Julia Jenae break it down! 🔗 Watch the full discussion on Surviving the Survivor YouTube Channel: youtube.com/live/e-qfNQ8lGVY #DonnaAdelson #LegalDrama #AttorneyClientPrivilege #TrueCrime #Podcast
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Atty-client privilege applies to communications that are intended to remain confidential. The client can waive this privilege by referencing communications w/ counsel in an open forum and/or disseminating communications from counsel to third parties. #attorneyclientprivilege
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Oka J: As you claim documents are found. This procedure you have to settle. Our interim order doesn't stay action against his client. Order: We grant 2 weeks to file rejoinder. Keep the appeal for hearing on the prayer of interim relief on 23 September. #SupremeCourt #AttorneyClientPrivilege
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