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The latest developments on evidentiary privileges for corporate and outside counsel

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Latest Privilege News and Commentary

Happy 40th Anniversary, Upjohn!

On: January 13, 2021

A “Strange Appeal”: Fifth Circuit Decides First-Impression Privilege Issue Involving Ernst & Young and the PCAOB

On: January 8, 2021

Privileges in 2020–Year in Review

On: December 30, 2020

Outlandish! Court Rejects Privilege for Emails between Non-Lawyer Employees

On: December 23, 2020

Fox News, Decisionquest, and Privilege Protection in West Virginia Politics

On: December 17, 2020

EEOC Lawyer Reads GW’s Privileged Emails–Violates FRCP 26(b)(5)(B). What about Ethics Rules and Sanctions?

On: December 3, 2020

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What You Are Reading

Happy 40th Anniversary, Upjohn!
Witness Statements and Work-Product: Is It Deceptively Simple?
Court Rejects Privilege for Insurer’s Claims Adjuster and In-House Counsel
One-Half of Wisdom: Circumventing Privilege Objections at Depositions
Court Limits Privilege Waiver Related to Advice-of-Counsel Defense in FLSA Action
Work-Product or Memory Refresher? Court Requires Disclosure of Witness’s Pre-Depo Doc Review

Interactive Privilege Map by State

Interactive Privilege Map by Federal Jurisdiction

In Case You Missed It …..

Protecting the Privilege in a Post-Yates Memorandum World
Court Rejects Privilege for In-House Lawyer’s Handwritten Notations
Crime-Fraud Exception: Court Orders Ex-GC to In Camera Interview in FCPA Grand Jury Investigation
Heightened Privilege Scrutiny Applied to In-House Counsel Communications
Bookmark this Decision: Barnes & Noble Secures Privilege for GC’s Investigation of CEO
Communications Between a Trade Association’s In-House Counsel and Its Members—Privileged?
Court Permits In-House Lawyer Deposition—But With Instructions to Preserve the Privilege
Five Cases, Five Lessons: Emails and Privilege for In-House Counsel
Court Applies Zolin’s Discretionary Standard in Denying In Camera Privilege Review
Major Decision: South Carolina Rejects At-Issue Waiver for Simply Denying Bad-Faith Liability
Sweeping Privilege Loss—Baylor Must Produce Documents From Sexual-Assault Investigation
Coverage Adjuster and Claims Adjuster Mix Files, Waive Privilege
HR Manager’s Memo—Ghostwritten by In-House Lawyer—Not Privileged
A Review of Judge Kavanaugh’s Privilege Opinions
Apple Chicanery? Court Limits In-House Counsel Deposition & Privilege Waiver

Privilege Topics

Trump Administration Privilege Posts

Important, but Buried, Executive Privilege Comments in D.C. Circuit’s McGahn Opinion
DOJ May Withhold “Talking Points Memo” about Lynch–Clinton Tarmac Meeting
Did Trump Waive Executive Privilege over McGahn’s Congressional Testimony?
Commentary on The Yates Memorandum
Sex, Privilege, and Audiotapes
The DOJ Won’t Disclose its Trump Informant? There’s a Privilege for That
Privilege Issues Confronting the Trump–Cohen Special Master
Reports of the Privilege’s Death are Greatly Exaggerated
A Non-Political, Legal Analysis of Trump Jr.’s Privilege Claim
Two Trump Lawyers and a NYT Reporter Walk Into a Bar ….

Privileges in 2019–Year in Review

attorney-client privilege

In this post, I review the top privilege decisions in 2019.

Keep Reading this POP Post

Featured Post from Archives

"Dogs Can't Waive Privilege" and Other Privilege Tips for Working Remotely

Keep Reading this POP Post

Contact POP Author

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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