How Privilege Issues Typically Arise - Proskauer on International Litigation and Dispute Resolution

Ch. 15 Privilege Issues

Persons or entities outside the U.S. may find themselves in litigation in U.S. courts, either as plaintiffs or defendants. Or such persons or entities may find themselves the subject of a governmental investigation or proceeding in the U.S.
To the extent the litigation, investigation, or proceeding touches on evidentiary material, either testimonial or documentary, as they all-but-invariably will, issues of privilege may arise.
This is not the place to summarize the general law and rules of privilege and waiver. Here, we try to summarize some of the practical issues that arise in the international context. Knowledge of what privileges are available and how they are or might be waived may be of vital importance to the outcome of a case and could have even more dramatic consequences.

I	How Privilege Issues Typically Arise
II	General Principles : United States Privilege Rule
III	Traditional Choice-of-Law Analysis Determines Which Privilege Rules Apply
IV	Privileges Recognized in the United States
V	Privileges Abroad, and the Effect of Non-U.S. Secrecy Laws in the U.S. Courts
VI	Privilege Law in the European Union

Ch. 15 Privilege Issues