Ward and Smith attorneys Isabelle Chammas and Joe Schouten's insightful article, "Think Twice: Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release," has been featured on the NC Bar Blog.
The article highlights key strategies to protect confidential communications and emphasizes the potential risks of inadvertent privilege waivers. Here's an excerpt:
Your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business torts. The news spreads quickly across industry publications and blogs, leading to a flood of inquiries from concerned customers wanting to know if the stories have any merit. You feel compelled to issue a press release to reassure them and challenge the claims against your company.
While a press release can be an effective way to communicate your position, it’s crucial to consider the potential risks to your attorney-client privilege. A poorly worded press release can inadvertently waive this privilege, exposing confidential communications to your legal opponents.
Here’s how to navigate this situation carefully, focusing on two key considerations: the content of your press release and the involvement of third parties in its creation.
This must-read article is a valuable resource for legal professionals and organizations alike. Read the full piece on the NC Bar Blog to learn more about preserving privilege in the digital age.
