Insights & News

Introduction to Attorney-Client Privilege The attorney-client privilege protects the confidentiality of communications between lawyers and their clients. This privilege ensures that attorneys may not divulge client secrets, nor can others force them to do so legally, except if the privilege is waived. The purpose of this expansive privilege is to ensure that clients may openly share information with their lawyers, enabling complete and effective representation. Key Aspects of Attorney-Client Privilege When Does Attorney-Client Privilege Attach? In most jurisdictions, the privilege attaches whenever a client is seeking legal advice from a lawyer. This applies even if a formal attorney-client relationship has […]

By: Shawn M. Flynn and Jared J. Roberts  In a recent October 2021 Townhall article, Binnall Law Group correctly predicted that the Supreme Court would strike down the Occupational Health and Safety Administration’s (OSHA) vaccine mandate because such a mandate is not within the statutory authority of OSHA. Specifically, the article argued that the Supreme Court should find that “OSHA’s intelligible principle is unconstitutionally broad, and thus their vaccine mandate is invalid and unconstitutional. Even if OSHA’s intelligible principle were legitimate, by mandating vaccines, OSHA would not be acting within the bounds of their intended power.” The article argued that […]

By Shawn Flynn The beginning and often the end of the discussion about defamation in the United States has been the landmark Supreme Court decision New York Times v. Sullivan for several decades. But cracks are beginning to show in the bedrock of this once widely esteemed case, and it is time for this case to be retired as it no longer fits society today and lacks any constitutional foundation.  In essence, New York Times v. Sullivan stands for the principle that an action for defamation brought by a public official requires a showing that the statement in question was […]

The law of “unintended consequences” – the actions of people and government have effects that are unanticipated – may well be on vividly harsh display shortly for Title IX. Among other things, the law requires schools, colleges and universities that receive federal funding to investigate claims of sexual harassment and assault against students. But depending on the outcome of a lawsuit currently on appeal in North Carolina, Title IX might end up being used to create a de facto “sex offenders” list at the University of North Carolina at Chapel Hill despite there being no trials or due process for […]