Title

Dare to Share? Waiver Issues in Cross-Border Joint Defense Communications

Created date

8/10/2018

Global Private Litigation Bulletin (ABA), March 2018

 

Most U.S. lawyers know very little about foreign laws governing the attorney-client privilege or work product doctrine. However, ignoring those laws might, in certain circumstances, make confidential cross-border joint defense communications vulnerable to a claim of waiver, even in a U.S. proceeding. This article explains these risks, and offers some suggestions for mitigating them.