Presnell on Privileges

The latest developments on evidentiary privileges for corporate and outside counsel

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On: September 13, 2022

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No Privilege for Client’s Handwritten Notes Created During Depo Prep, Court Finds
Witness Statements and Work-Product: Is It Deceptively Simple?
This is a “Big Deal”: Court Provides Excellent Roadmap for 502(a) Subject-Matter Waiver Analysis
In-House Lawyers: Are You Willing to Take an Oath?
Work-Product or Memory Refresher? Court Requires Disclosure of Witness’s Pre-Depo Doc Review
One-Half of Wisdom: Circumventing Privilege Objections at Depositions

Spinning Straw into Privilege Gold? An Analysis of Google’s Privilege Loss at the NLRB
Practice Tips, Ideas, and Considerations: Privilege Articles from 2021
Court Rejects Joint–Prosecution Privilege Between Company and USAO
Court Rejects Privilege for In-House Lawyer’s Handwritten Notations
Court Rejects Privilege for “Reserve Amount” Set by In-House Claims Counsel
Despite Privilege, GC May Pursue Whistleblower Retaliation Suit under SOX and Dodd–Frank
Hole-in-One Leads to GC’s Deposition. Here’s How.
Consultant’s Report—Requested by General Counsel—Not Privileged
Implied Waiver Expanded to Communications with Third-Party Attorneys
Court Refuses to Expand Privilege for Intracorporate Communications
Must Read IADC Article: Subject-Matter Waiver and the Attorney-Client Privilege
Coverage Adjuster and Claims Adjuster Mix Files, Waive Privilege
The Privilege When Your Attorney is the Best (or Only) 30(b)(6) Witness
“All I Know is What the GC Told Me!” Court Allows CEO’s Deposition but With Some Privilege Protections
P&G Receives a Mulligan—Proves Privilege for Emails Between Non-Attorney Employees

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
ACTL Publishes Excellent Practice Manual for Conducting Privileged Internal Investigations
Major Decision—Court Orders Baylor to Produce Lawyers’ Internal Investigation Work Product