Presnell on Privileges

The latest developments on evidentiary privileges for corporate and outside counsel

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On: September 5, 2023

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On: January 27, 2023

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On: December 30, 2022

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Witness Statements and Work-Product: Is It Deceptively Simple?
No Privilege for Client’s Handwritten Notes Created During Depo Prep, Court Finds
Courts Duel Over Privilege Protection for Email Attachments
This is a “Big Deal”: Court Provides Excellent Roadmap for 502(a) Subject-Matter Waiver Analysis
Work-Product or Memory Refresher? Court Requires Disclosure of Witness’s Pre-Depo Doc Review
Court Rejects Privilege for Insurer’s Claims Adjuster and In-House Counsel

Court Adopts “Primary Purpose” Test for In-House Counsel’s Dual-Purpose Emails
Well, That Backfired. A Privilege-Waiver Tale for Internal Investigations and In-House Counsel
No Privilege for Outside Counsel’s HR Investigation, Court Rules
The Evolution of Privilege: A Podcast Interview
Court Rejects Privilege for In-House Paralegal’s Segway Accident Investigation
Vice President & General Counsel Avoids Deposition under Apex Doctrine
No Privilege for University of Iowa’s Internal Investigation, Court Rules
Major Decision: Washington Sup. Ct. Upholds Privilege for Corporate Healthcare Providers and Their Physician–Agents
Sharpen Your Privilege Axe for Board Minutes and Reports
Privilege Covers Lawyer’s “Fact Investigation,” Court Rules
SCOTUS Nominee’s Latest Privilege Opinion: A Win for Corporate Legal Counsel
Protecting Witness Statements from Discovery
Heightened Privilege Scrutiny Applied to In-House Counsel Communications
Sweeping Privilege Loss—Baylor Must Produce Documents From Sexual-Assault Investigation
Implied Waiver Expanded to Communications with Third-Party Attorneys

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
“All I Know is What the GC Told Me!” Court Allows CEO’s Deposition but With Some Privilege Protections