Malvey quoted in news article concerning Massachusetts ruling on attorney-client privilege

BOSTON (Aug. 4, 2014) – Brendan T. Malvey was recently quoted in Massachusetts Lawyers Weekly about a recent ruling that a party did not waive the attorney-client privilege by disclosing confidential information to its real estate advisor related to a disputed land acquisition.

A Massachusetts Land Court judge ruled that the advisor was the “functional equivalent” of an employee, which meant the attorney-client privilege was preserved. This is the first such ruling in Massachusetts.

Malvey said the decision makes practical sense in light of current business practices.

“So many companies are outsourcing important services, some even going to the extent of outsourcing CFOs,” Malvey said in the article, which appeared in the July 28 issue. “These consultants] may not be employees, but they’re so intricately involved in the business affairs of the company that they ought to be included in the legal decision-making process.”

Malvey focuses his litigation practice on professional liability defense, business litigation, education law and insurance coverage.

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Barton Gilman is one of New England’s leading civil litigation law firms with offices in Boston and Providence. Its experienced trial attorneys appear regularly in the federal and state courts of Massachusetts, Rhode Island and Connecticut. The Providence Business News has named the firm as one of Rhode Island’s Best Places to Work in 2014.