Presnell on Privileges

The latest developments on evidentiary privileges for corporate and outside counsel

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On: September 13, 2022

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No Privilege for Client’s Handwritten Notes Created During Depo Prep, Court Finds
Protecting the Shield: NFL Wins Privilege Dispute with Insurers over Defense of CTE Litigation
This is a “Big Deal”: Court Provides Excellent Roadmap for 502(a) Subject-Matter Waiver Analysis
Outlandish! Court Rejects Privilege for Emails between Non-Lawyer Employees
“All I Know is What the GC Told Me!” Court Allows CEO’s Deposition but With Some Privilege Protections
Privilege Applies Even Where In-House Lawyer Lacks State-Specific Law License

Analysis: Does the Privilege Cover Post-Accident Investigation Reports?
Dual–Purpose Emails to In-House Counsel: Are They Privileged?
KBR III: No Adverse Inference Arises from Privileged Internal Investigation
Significant D.C. Circuit Decision for Attorney–Client Privilege and Internal Investigations
Trends in Privilege and Post-Accident Investigations
“Looks Good”! Court Rejects Privilege for Email Sent to In-House Lawyers and PR Employees
GC’s “Talking Points” Memo to CEO Not Privileged—Leads to a Punitive Damages Verdict
Double Trouble for In-House Counsel
Authorized Piggybacking: Mass.’s Top Court Allows AG a Partial Review of Facebook’s Internal Investigation
10 FAQs about the In-House Attorney-Client Privilege
Tennessee Court Adopts Functional-Equivalent Doctrine
Inadvertent Disclosure of 347 In-House Counsel Emails Waives Attorney-Client Privilege
6th Circuit Upholds Privilege for In-House Lawyer’s Advice on Media Strategy
Big (Privilege) Gulp: 7-Eleven Protects In-House Counsel’s Emails about Background-Check Form
No 612 Waiver: Privilege Protects In-House Attorney’s Depo-Prep Review of Internal-Investigation Documents

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
“All I Know is What the GC Told Me!” Court Allows CEO’s Deposition but With Some Privilege Protections
Authorized Piggybacking: Mass.’s Top Court Allows AG a Partial Review of Facebook’s Internal Investigation
ACTL Publishes Excellent Practice Manual for Conducting Privileged Internal Investigations
Major Decision—Court Orders Baylor to Produce Lawyers’ Internal Investigation Work Product