In the article, “What Happens in Privilege Stays in Privilege,” Jonathan K. Osborne provides a detailed examination of the attorney-client privilege and work-product doctrines as they apply to corporate counsel in Florida. It highlights a recent federal court decision that criticized a company’s attempt to use a law firm to shield business advice from discovery, labeling it a “ploy.”
Osborne highlights the importance of understanding the nuances of these legal protections, especially for in-house lawyers who often juggle both legal and business roles, advising companies to adopt strict procedures for handling privileged communications and be cautious about potential waivers.
Jonathan K. Osborne is a business litigation shareholder and co-chair of the firm’s White Collar Defense & Internal Investigations practice group. He began his practice at Gunster and later returned to the firm after serving in the U.S. Department of Justice as an Assistant United States Attorney in the Southern District of Florida. Jonathan currently serves as the Managing Shareholder of the firm’s Fort Lauderdale Office.