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The latest developments on evidentiary privileges for corporate and outside counsel

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Latest Privilege News and Commentary

Fox in the Privilege Henhouse: Court Scraps USAO’s Filter Team Protocol and Unilateral Privilege Decisions

On: June 28, 2022

First Impression: Connecticut Court Adopts Subject Matter Waiver Doctrine

On: June 21, 2022

Red Card! Court Terminates Case for Lawyer’s Use of Cristiano Ronaldo’s Purloined Privileged Documents

On: June 14, 2022

Double Trouble for In-House Counsel

On: June 7, 2022

Honey, I Shrunk the Profits! Court Adopts “Business Communications” Exception to the Marital Communications Privilege

On: May 24, 2022

Privilege Precludes Trial Testimony of In-House Lawyer Who Drafted Company Response to Discrimination Charge

On: May 17, 2022

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What You Are Reading

Fox in the Privilege Henhouse: Court Scraps USAO’s Filter Team Protocol and Unilateral Privilege Decisions
Witness Statements and Work-Product: Is It Deceptively Simple?
Courts Duel Over Privilege Protection for Email Attachments
Mamma Mia! Don't Bring Your Parents to a Lawyer Meeting
Obama White House Counsel Loses Privilege Battle with Former Law Firm
This is a “Big Deal”: Court Provides Excellent Roadmap for 502(a) Subject-Matter Waiver Analysis

Interactive Privilege Map by State

Interactive Privilege Map by Federal Jurisdiction

In Case You Missed It …..

6th Circuit Upholds Privilege for In-House Lawyer’s Advice on Media Strategy
“Noxious Combination” Waives Privilege for CLO’s Emails, Court Rules
Internal-Investigation Emails between Non-Attorney Employees–Privileged?
What’s Mine is Not Yours: Former Officers and the Corporation’s Attorney-Client Privilege
Does Advice-of-Counsel Defense Waive Privilege for In-House Lawyers?
Implied Waiver Expanded to Communications with Third-Party Attorneys
EEOC Lawyer Reads GW’s Privileged Emails–Violates FRCP 26(b)(5)(B). What about Ethics Rules and Sanctions?
Major Decision—Court Orders Baylor to Produce Lawyers’ Internal Investigation Work Product
Developing Issue: Attachments to Privileged Emails Not Necessarily Privileged
Baylor Univ. in Major Privilege Battle over Law Firm’s Investigation Documents
Attention Law Firm In-House Counsel: New Decision on the Attorney-Client Privilege
Court Takes Narrow Privilege View Where GC Has Legal and Operational Titles
Despite Privilege, GC May Pursue Whistleblower Retaliation Suit under SOX and Dodd–Frank
Significant D.C. Circuit Decision for Attorney–Client Privilege and Internal Investigations
“Looks Good”! Court Rejects Privilege for Email Sent to In-House Lawyers and PR Employees

Explore a Privilege Topic

Internal Investigations

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
Bookmark this Decision: Barnes & Noble Secures Privilege for GC’s Investigation of CEO
Halloween Dilemma: Lawyer’s Interview of Employee–Complainant Leads to Privilege and Ethical Concerns

Privileges in 2021–Year in Review

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

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Featured Post from Archives

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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