In the US, the attorney-client privilege protects confidential communications between a lawyer and a client relating to legal advice sought by the client. The elements of the attorney-client privilege, “while easy to recite, are often hard to apply.” United States v. Massachusetts Gen. Hosp., 475 F. Supp. 3d 45, 63 (D. Mass. 2020). In general, however, the attorney-client privilege will apply so long as these basic elements are met: (1) a communication; (2) made between privileged persons; (3) in confidence; and (4) for the purpose of seeking, obtaining or providing legal assistance to the client. Ultimately, “[t]he critical inquiry is whether, viewing the … communication in its full content and context, it was made in order to render legal advice or services to the client.” Spectrum Sys. Int’l Corp. v. Chemical Bank, 78 N.Y.2d 371, 379, 581 N.E.2d 1055, 1061, 575 N.Y.S.2d 809, 815 (1991).
Regulators worldwide are increasing their demands that manufacturers and retailers know and understand all aspects of their supply chains as they relate to Environmental, Social, and Governance (“ESG”) goals. Keeping the findings, communications, information, and reports generated in connection with supply chain ESG investigations is imperative to ensure full and candid fact-finding and to manage brand integrity effectively. However, maintaining legal confidentiality is challenging when an investigation includes fact-finding of third parties such as...
Ryan Amacher, who played role in bid to damage campaign, has also made antisemitic and racist posts on social media An influencer who played a key role in hoax claims that James Talarico was in a ...