Protecting Your Business Before Conflict Escalates: Early Involvement of the Litigator
June 19, 2026
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.
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