Presnell on Privileges

The latest developments on evidentiary privileges for corporate and outside counsel

Primary Navigation Menu

Menu

Search

On: February 15, 2024

On: February 6, 2024

On: January 25, 2024

On: January 17, 2024

On: January 9, 2024

On: December 19, 2023

Enter your email address and receive POP posts by email.

Email Address

Adequate Upjohn Warning? 10th Circuit Issues Instructive Decision
Authorized Piggybacking: Mass.’s Top Court Allows AG a Partial Review of Facebook’s Internal Investigation
Tennessee Court Adopts Functional-Equivalent Doctrine
Privilege Covers Lawyer’s “Fact Investigation,” Court Rules
Does Assertion of § 260 Good-Faith Defense in FLSA Action Waive the Attorney-Client Privilege?
HR Manager’s Memo—Ghostwritten by In-House Lawyer—Not Privileged
VW Avoids Privilege Waiver in Dieselgate Internal Investigation—Here’s How
No Privilege for Lawyer’s Communications with Agent of Company’s Alter Ego
Halloween Dilemma: Lawyer’s Interview of Employee–Complainant Leads to Privilege and Ethical Concerns
Sweeping Privilege Loss—Baylor Must Produce Documents From Sexual-Assault Investigation
Court Rejects a Posthumous Corporate Attorney–Client Privilege
KBR III: No Adverse Inference Arises from Privileged Internal Investigation
In-House Lawyer Quandary: Business Advice or Implementation of Legal Advice as Part of a Business Decision?
The Privilege When Your Attorney is the Best (or Only) 30(b)(6) Witness
Court Permits In-House Lawyer Deposition—But With Instructions to Preserve the Privilege

Investigations of Employee Harassment Complaints—Are They Privileged?
Major Decision: Texas Supreme Court Declares Expansive Privilege for Internal Investigations
Privileges in 2022–Year in Review
N.C. Courts Speak on Privilege Consequences of Required Investigations and Legal Purpose. We Should Listen.
Court Upholds Privilege for Company’s Internal Investigation—Here’s Why
No Privilege for University of Iowa’s Internal Investigation, Court Rules
Court Imposes “Significant Waiver” for Disclosure of Privileged Investigation to DOJ and SEC
Practice Tips, Ideas, and Considerations: Privilege Articles from 2021
A Tale of Two Tesla Investigation-Privilege Decisions
A Derivative Privilege: Court Protects Counsel’s Use of Consultant During Internal Investigation