Is it Safer to Discuss Some Things with Outside Counsel? (Pt. 2)

By Carol O’Riordan and Jay Shah How should courts go about deciding, in close cases, whether an internal memorandum constitutes privileged legal advice or discoverable business advice? Bhandari v. Artesia Gen. Hospital, the New Mexico case discussed in our previous post, is illustrative. It involved an employment dispute between a hospital corporation and two doctors […]

Is it Safer to Discuss Some Things with Outside Counsel?

By Carol O’Riordan and Jay Shah Does the attorney-client privilege apply less definitively to in-house counsel than to outside attorneys? About a year ago, the New Mexico Court of Appeals ruled in Bhandari v. Artesia General Hospital that a memo written by a hospital’s general counsel regarding an employee’s termination was not privileged because it […]

To Protect Your Secrets, Get a Non-Disclosure Agreement in Advance

 By Anthony Marchese As we highlighted in our previous post on the C.R.T.R case in federal court in Massachusetts, any company that entrusts independent contractors with proprietary information runs the risk that this information could be misused to the company’s detriment.  In the absence of any agreement to the contrary, independent contractors are under no […]