Extract to table

For litigation privilege to attach, two conditions must be satisfied: (a) Litigation must be reasonably in prospect or contemplated at the time of the communication; and (b) The communication must have been made for the dominant purpose of the contemplated or pending litigation

For these reasons, the English privilege analysis runs in parallel with the US analysis, and both must be considered in every decision regarding the creation, handling, sharing, and potential disclosure of Investigation materials

Potential Regulatory Dimensions The Investigation and its subject matter may give rise to regulatory scrutiny in both jurisdictions, and the potential for regulatory proceedings must be factored into the privilege analysis

No privileged materials shall be transmitted via unencrypted email, personal email accounts, or messaging applications that do not employ end-to-end encryption

(iii) Physical documents — To the extent that physical documents containing privileged materials must be transmitted between the firms, such documents shall be sent by secure courier with full tracking capability and signature confirmation upon delivery

Physical documents shall be placed in sealed, tamper-evident envelopes or packages marked with the privilege legend specified below