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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An Examination of the Bank-Examination Privilege (I): Overview of an Enigma
Witness Statements and Work-Product: Is It Deceptively Simple?
Courts Duel Over Privilege Protection for Email Attachments
Privilege Covers In-House Lawyer’s Communications with “Indirect Subsidiary”
Honey, I Shrunk the Profits! Court Adopts “Business Communications” Exception to the Marital Communications Privilege
Verifying Interrogatory Responses—and LinkedIn Profile—Results in In-House Lawyer's Deposition

Coverage Adjuster and Claims Adjuster Mix Files, Waive Privilege
612 Waiver: In-House Lawyer Must Produce Privileged Memo Reviewed Prior to Deposition
Implied Waiver Expanded to Communications with Third-Party Attorneys
“Dogs Can’t Waive the Privilege” and Other Privilege Tips For Working Remotely
“Noxious Combination” Waives Privilege for CLO’s Emails, Court Rules
HR Manager’s Memo—Ghostwritten by In-House Lawyer—Not Privileged
Deck the Halls with Boughs of Kovel
6th Circuit Upholds Privilege for In-House Lawyer’s Advice on Media Strategy
Court Rejects a Posthumous Corporate Attorney–Client Privilege
Parent Corp.’s GC Leads Investigation into Subsidiary’s Incident—Privileged?
KBR III: No Adverse Inference Arises from Privileged Internal Investigation
Whistleblowing to In-House Counsel
Heightened Scrutiny? Court Rejects Marathon Oil’s Privilege Claim for Spreadsheet Created at In-House Lawyer’s Request
To CC, or Not to CC, That is the In-House Privilege Question
Court Finds In-House Counsel Privilege “More Difficult,” and Explains Why

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