Presnell on Privileges

The latest developments on evidentiary privileges for corporate and outside counsel

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On: February 2, 2023

On: January 27, 2023

On: January 4, 2023

On: December 30, 2022

On: December 29, 2022

On: December 19, 2022

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Witness Statements and Work-Product: Is It Deceptively Simple?
Protective Order is Not a Vehicle to Challenge Privilege, Court Rules
Ninth Circuit Adopts Work-Product Waiver Standard—In-House Counsel Memos Partially Survive
But Is He a Hamilton? A Right-Hand Man, Confidentiality, and Privilege Loss
Emails, In-House Counsel, and Privilege--A Tricky Mix
As Rocky Marciano Reminds Us--The Government-Informant Privilege Applies in Civil Actions

In-House Lawyer’s Affidavit Secures Privilege Protection
Major Opinion: Texas Upholds Privilege for Lawyer’s Emails with Employee–Expert
Despite Privilege, GC May Pursue Whistleblower Retaliation Suit under SOX and Dodd–Frank
Privilege Protects Ford’s Internal Investigation into “Sudden-Acceleration” Claims
The More Things Change
Upjohn Warnings and External Consultants: What You Need to Know
Practice Pointers for Preventing or Limiting In-House Counsel Depositions
Stunning: WA SC Rejects Privilege between Corporate Counsel and Former Employees
Whistleblowing to In-House Counsel
Court Rejects a Posthumous Corporate Attorney–Client Privilege
Crisis, Indeed. No Privilege for BlackBerry CLO’s Crisis-Management Activities
Informative Comments on In-House Counsel’s Dual Role and Privilege Challenges
Double Trouble for In-House Counsel
No Privilege for CEO Despite Fact Dispute over Upjohn Warning
Ninth Circuit Adopts Work-Product Waiver Standard—In-House Counsel Memos Partially Survive

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
Authorized Piggybacking: Mass.’s Top Court Allows AG a Partial Review of Facebook’s Internal Investigation