Presnell on Privileges

The latest developments on evidentiary privileges for corporate and outside counsel

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On: September 15, 2021

On: June 22, 2021

On: June 15, 2021

On: June 8, 2021

On: June 3, 2021

On: May 27, 2021

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Witness Statements and Work-Product: Is It Deceptively Simple?
The Privilege When Your Attorney is the Best (or Only) 30(b)(6) Witness
Developing Issue: Attachments to Privileged Emails Not Necessarily Privileged
Courts Duel Over Privilege Protection for Email Attachments
In-House Lawyer Quandary: Business Advice or Implementation of Legal Advice as Part of a Business Decision?
Not So Fast, My Friend. Privilege May Apply When CC’ing In-House Lawyer

Trends in Privilege and Post-Accident Investigations
In-House Lawyer Quandary: Business Advice or Implementation of Legal Advice as Part of a Business Decision?
Protecting Witness Statements from Discovery
P&G Receives a Mulligan—Proves Privilege for Emails Between Non-Attorney Employees
HR Manager’s Memo—Ghostwritten by In-House Lawyer—Not Privileged
Instructive Attorney-Client Privilege Opinion for In-House Counsel
Privilege Covers In-House Lawyer’s Communications with “Indirect Subsidiary”
No Room in the Inn: Marriott’s Legal Dep’t Loses Privilege over Strategic Plan Memo
Parent Corp.’s GC Leads Investigation into Subsidiary’s Incident—Privileged?
Big (Privilege) Gulp: 7-Eleven Protects In-House Counsel’s Emails about Background-Check Form
Court Issues Tough Decision on In-House Counsel and the Attorney-Client Privilege
Privilege Protections for Inter–Company Communications
Touch Base–Court Applies U.S. Privilege Law to German Internal Investigation
In-House Lawyer’s Affidavit Secures Privilege Protection
Court Permits In-House Lawyer Deposition—But With Instructions to Preserve the Privilege

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
Court Adopts “Primary Purpose” Test for In-House Counsel’s Dual-Purpose Emails
No Privilege for Outside Counsel’s HR Investigation, Court Rules