Scott Kessler and Megan Admire co-authored an article for the New York Law Journal analyzing recent developments to attorney-client communications with in-house counsel, following the Southern District of New York’s opinion in In re Application of Aenergy, S.A. The case highlighted common pitfalls when counsel asserts the attorney-client privilege.
“The attorney-client privilege is an invaluable legal principle ensuring that attorneys and clients can freely communicate without fear that those communications will one day be disclosed to opposing counsel or others. While it is important to understand when and how this vital privilege attaches, it is equally important to understand how to properly assert and overcome challenges to the privilege during litigation to ensure that privileged communications remain protected.”