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

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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.

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