The First District Appellate Court recognized a "common-interest" exception to the waiver of attorney-client and work-product privileges where two co-defendants met and shared information about the lawsuit as part of a "joint defense agreement."
The pathways for breaching client confidentiality - whether due to simple carelessness or inadequate security - continue to multiply as technology advances.
Litigants often seek protective orders to limit disclosure of clients' sensitive documents during discovery. But be wary of attempts by the requesting party to gain an unfair advantage.
Proposed ABA model rules speak to admission on motion, multijurisdictional practice, disclosure of confidential information, and choice of law provisions in lawyer-client agreements.
Lawyers for trustees are sometimes surprised to learn that the attorney-client privilege actually belongs to trust beneficiaries. Here's a look at the confusing state of Illinois law.
The State Records Commission amended Title 44 of the Illinois Administrative Code, which regulates Government Contracts, Procurement, and Property Management. 44 Ill Adm Code 4400.
On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).
A trial court's search for truth and the public's right to know may conflict with what local governments believe to be their right to confidential communications with counsel.
The Department of Children and Family Services (DCFS), amended 89 Ill Adm Code 431, which deals with the disclosure of foster children's confidential information.
The Illinois Supreme Court will review an appellate court's ruling that a hospital employee has a "continuing off-shift duty" to keep confidential information about patients confidential.
A recent case – involving none other than Dennis Rodman – holds that plaintiffs must pay tax on the portion of a settlement award deemed payment to a p.i. client for his or her silence.
Effective July 1, 2006, the Consumer Fraud and Deceptive Business Practices Act will have several additional measures restricting the use of social security numbers.
On December 5, 2002, the Illinois Supreme Court held that the Department of Professional Regulation may not subpoena a dentist's private patient files.
The New York State and American Bar Associations have filed lawsuits seeking declaratory judgments that the FTC's application of GLBA's privacy provisions to practicing attorneys is unlawful, and members of Congress have introduced legislation that would exempt lawyers from the Act.
The seventh circuit holds that when federal prosecutors seek information from an agency attorney as part of a criminal investigation, the agency lawyer must talk.
On February 22, 2002, the Illinois Supreme Court reversed the judgment of the appellate court in ruling that when a patient and his wife brought a malpractice action against a hospital and doctors, they did not place the patient's mental health at issue.