The advice of counsel defense asserts that a party acted in good faith reliance on legal advice, and it waives privilege over that advice.

Anticipation of litigation is the trigger for work product protection and the preservation duty, arising when litigation becomes reasonably foreseeable.

At-issue waiver occurs when a party puts the substance of legal advice in issue, forfeiting privilege over it.

Attorney-client privilege protects confidential communications between lawyer and client made for the purpose of obtaining or providing legal advice.

Claims investigation work product is the contested category of insurer materials that may be protected as litigation preparation or discoverable as...

The common interest doctrine preserves privilege for communications shared among separately represented parties pursuing a shared legal interest.

Corporate privilege protects communications between an organization's counsel and its employees for the purpose of legal advice.

The crime-fraud exception removes privilege from communications made in furtherance of an ongoing or contemplated crime or fraud.

Cumis counsel is independent defense counsel selected by the insured but paid by the insurer when a reservation of rights creates a conflict.

A dual-purpose communication serves both legal and business purposes, raising the question whether privilege applies.

The elements of attorney-client privilege are a confidential communication between privileged persons made for the purpose of legal advice.

Fact work product is factual material gathered in litigation preparation, discoverable on a showing of substantial need.

In camera review is the court's private examination of withheld documents to determine whether privilege applies.

Inadvertent disclosure is the accidental production of privileged material, which does not waive privilege where reasonable precautions and prompt...

An internal investigation is a company's inquiry into suspected misconduct, conducted to determine facts and assess exposure.

A joint defense agreement documents an arrangement among aligned parties to share privileged information without waiving protection.

Opinion work product comprises counsel's mental impressions, conclusions, and legal theories, receiving near-absolute protection.

The ordinary course of business test asks whether a document would have been created regardless of anticipated litigation.

A privilege challenge disputes withheld documents, typically through a motion to compel testing the log and the assertions.

The privilege holder is the person or entity entitled to assert or waive the attorney-client privilege.

A privilege review workflow is the structured process for identifying, coding, and logging privileged material before production.

A quick peek agreement lets a requesting party review documents before privilege review, with return of anything privileged.

A Rule 502(d) order is a court order providing that disclosure of privileged material in the case does not waive privilege in any other proceeding.

Selective waiver is the contested theory that disclosing privileged material to a regulator does not waive it as to other parties.

Subject-matter waiver extends a privilege waiver beyond the disclosed communication to other communications on the same subject.

Substantial need is the showing required to obtain fact work product, demonstrating the material is important to the case.

The tripartite relationship is the three-way arrangement among insurer, insured, and appointed defense counsel, which creates distinct loyalty and...

Undue hardship is the second element for obtaining fact work product, showing equivalent material cannot reasonably be obtained elsewhere.

An Upjohn warning tells a corporate employee that counsel represents the company, not the employee, and that the company controls the privilege.

Waiver of privilege is the loss of protection through voluntary disclosure, putting advice at issue, or failure to maintain confidentiality.

The work product doctrine protects materials prepared in anticipation of litigation from discovery, with near-absolute protection for counsel's mental...