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The Privilege Implications of Using Online Collaboration Tools

Law360: “In February, the world as we knew it was a very different place. The stock market was posting historic highs, unemployment was at record lows, and American businesses were thriving like never before. Since that time, however, the COVID-19 health crisis has claimed the lives of more than 1 million people living around the world. In addition, this pandemic has rocked global markets, sending thousands of businesses into economic distress and leading others to close their doors for good. And while the COVID-19 outbreak has changed the ways in which the general public lives and works, lawyers too have had to adjust to a new way of working. A majority of lawyers have transitioned to working from home, utilizing various videoconferencing and other online collaboration tools to transmit information to clients and other counsel. With the increase in remote working comes an increased opportunity for attorney-client privilege issues to surface. In this article, we provide an overview of the emergence of online collaboration tools, discuss their potential impact on the attorney-client privilege, and offer suggestions for protecting privileged communications in the current pandemic setting…”

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