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The latest developments on evidentiary privileges for corporate and outside counsel

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Latest Privilege News and Commentary

Peer Review Privilege in Federal Courts: Key Insights and Case Study

On: February 4, 2025

SAR Privilege Restricts Banking Expert’s Testimony, Requires Explanatory Jury Instruction

On: January 28, 2025

Nvidia Partially Reveals Investigation to German Court—Waives Work Product and Privilege in U.S. Action

On: January 21, 2025

In-House Counsel’s PowerPoint Presentation Not Privileged, Court Rules

On: January 14, 2025

Investigations of Employee Harassment Complaints—Are They Privileged?

On: February 15, 2024

Advice-of-Counsel Privilege Waiver—How Far Does It Extend?

On: February 6, 2024

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LexisNexis Publishes Evidentiary Privileges Treatise by Todd Presnell and Kristi Arth

Interactive Privilege Map by State

Interactive Privilege Map by Federal Jurisdiction

In Case You Missed It …..

The Privilege When Your Attorney is the Best (or Only) 30(b)(6) Witness
What’s Mine is Not Yours: Former Officers and the Corporation’s Attorney-Client Privilege
Major Decision: Washington Sup. Ct. Upholds Privilege for Corporate Healthcare Providers and Their Physician–Agents
Significant D.C. Circuit Decision for Attorney–Client Privilege and Internal Investigations
Court Rejects Privilege for In-House Lawyer’s Handwritten Notations
Trends in Privilege and Post-Accident Investigations
Privilege Precludes Trial Testimony of In-House Lawyer Who Drafted Company Response to Discrimination Charge
Authorized Piggybacking: Mass.’s Top Court Allows AG a Partial Review of Facebook’s Internal Investigation
A Tie Goes to Business: Court Rejects Privilege for Emails between In-House and Outside Counsel
P&G Receives a Mulligan—Proves Privilege for Emails Between Non-Attorney Employees
Tennessee Court Adopts Functional-Equivalent Doctrine
Major Decision: Miss. Sup. Ct. Rejects Privilege for Insurer’s In-House Lawyer’s Emails with Claims Adjuster
Ipse Dixit Privilege Assertions Doom In-House adidas Lawyer’s Emails
Hotels, Privilege, and Unexpected Waiver
6th Circuit Upholds Privilege for In-House Lawyer’s Advice on Media Strategy

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Internal Investigations

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

Privileges in 2021–Year in Review

In this post, I review the top privilege decisions in 2021.

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Spinning Straw into Privilege Gold

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Todd Presnell

Bradley Arant Boult Cummings LLP
1600 Division St., Ste. 700
Nashville, Tennessee 37203
615.252.2355
tpresnell@bradley.com

ABA Journal Blawg 100 Honoree

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