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

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.

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.

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.

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

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

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