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The latest developments on evidentiary privileges for corporate and outside counsel

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Latest Privilege News and Commentary

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

On: May 17, 2022

Court Imposes “Significant Waiver” for Disclosure of Privileged Investigation to DOJ and SEC

On: May 10, 2022

My 400th Post: Court Applies Different Waiver Rules for Work-Product Doctrine and Attorney–Client Privilege

On: March 10, 2022

Sharpen Your Privilege Axe for Board Minutes and Reports

On: March 3, 2022

Hobson’s Choice? Batson Challenge, Jury-Selection Notes, and Work-Product Waiver

On: February 24, 2022

An Examination of the Bank-Examination Privilege (III): Putting it All Together

On: February 10, 2022

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What You Are Reading

Witness Statements and Work-Product: Is It Deceptively Simple?
Heartbreak Hotel: Elvis Presley Enterprises Can’t Pierce Entire Scope of Common-Interest Communications
Privilege Precludes Trial Testimony of In-House Lawyer Who Drafted Company Response to Discrimination Charge
Courts Duel Over Privilege Protection for Email Attachments
Court Rejects Privilege and Orders Deposition of Lawyer Doubling as HR Officer
Peer-Review Privilege Protects Physician’s Credentialing Records, Court Rules

Interactive Privilege Map by State

Interactive Privilege Map by Federal Jurisdiction

In Case You Missed It …..

Court Imposes “Significant Waiver” for Disclosure of Privileged Investigation to DOJ and SEC
Upjohn Warnings and External Consultants: What You Need to Know
Major Decision on Subject Matter Waiver Doctrine
No Privilege for Outside Counsel’s HR Investigation, Court Rules
Crime-Fraud Exception: Court Orders Ex-GC to In Camera Interview in FCPA Grand Jury Investigation
Privilege Protections for Inter–Company Communications
Former Penn State GC Reprimanded for Breaching Attorney–Client Privilege
Penn State Loses Privilege Clash over Internal Investigation, and the Reason May Surprise You
Protecting Witness Statements from Discovery
“Dogs Can’t Waive the Privilege” and Other Privilege Tips For Working Remotely
Emails, In-House Counsel, and Privilege–A Tricky Mix
Court Blocks Deposition of In-House Litigation Support Specialist
P&G Receives a Mulligan—Proves Privilege for Emails Between Non-Attorney Employees
Practice Tip: Responding to Complaint Allegations that Contain Privileged Information
No 612 Waiver: Privilege Protects In-House Attorney’s Depo-Prep Review of Internal-Investigation Documents

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.

Keep Reading this POP Post

Featured Post from Archives

Spinning Straw into Privilege Gold

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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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