Tanenbaum Keale LLP partners Pamela Kaplan and Marina McGuire recently authored an article for New Jersey Law Journal analyzing the complicated interplay for in-house counsel in serving dual roles as business and legal advisors. This includes analyses of multiple relevant rulings that offer insight into how courts have interpreted issues related to attorney-client privilege in litigation.
“In the past, courts attempted an ‘all-or-nothing’ approach to applying the privilege, but more recently, there has been a shift to employing a case-by-case analysis evaluating the protection of each communication according to the nature of the advice sought by the client,” the attorneys wrote in part. “Jurisdictions confronted with this common situation have offered some helpful, although inconclusive, guidance …”
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Kaplan and McGuire also recently moderated an interactive workshop looking at attorney-client privilege in the full spectrum of written and digital communications at the National Association of Women Lawyers’ (NAWL) General Counsel Institute. Panelists provided tips and best practices to remove ambiguity and keep intended privileged communications privileged and avoid problematic litigation.
At TK, Kaplan’s practice focuses on product liability and mass torts, assisting clients in their effort to reach favorable outcomes. She has a significant track record in handling complex asbestos and environmental and toxic tort litigation. McGuire handles all aspects of complex and high-stakes products liability and environmental and toxic tort litigation, predominantly concentrating her work on defense of large companies, including pharmaceutical and medical device manufacturers, in both federal and state courts.