Electronic Surveillance and Offshore Legal Communications

From: Aphelion Legal Solutions, August 19, 2008

The D.C. federal trial court and the D.C. and Maryland Bars have been asked whether anti-terrorist interception of communications between the U.S. and foreigners by the government ipso facto extinguishes the legal protection of every such conversation as confidential, privileged, or constitutionally private.  The question is posed by newman, McIntosh & Hennesey, LLP, a Maryland law firm, in the context of advertising by a legal process outsourcing (LPO) firm to help with legal work using offshore lawyers and other support personnel.  But the lawsuit and requests for ethics opinions will affect the interests of every U.S. law firm with a foreign office and every U.S. business with overseas operations, contracts, or exports…

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