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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In-House Lawyer Quandary: Business Advice or Implementation of Legal Advice as Part of a Business Decision?
Witness Statements and Work-Product: Is It Deceptively Simple?
What’s Good for the Privilege-Log Goose is Good for the Privilege-Log Gander
Cancel the Jell-O Pudding Pops--Bill Cosby’s Privilege Loss Keeps Defamation Suit Alive
Ninth Circuit Adopts Work-Product Waiver Standard—In-House Counsel Memos Partially Survive
One-Half of Wisdom: Circumventing Privilege Objections at Depositions

Outside Counsel Forwards Privileged Email to Adversary—Court Finds No Waiver
No Privilege for CEO Despite Fact Dispute over Upjohn Warning
Deck the Halls with Boughs of Kovel
Privileges, Clawbacks, and Inadvertent Disclosures–Is Technology the Solution?
Ninth Circuit Adopts Work-Product Waiver Standard—In-House Counsel Memos Partially Survive
Apple Chicanery? Court Limits In-House Counsel Deposition & Privilege Waiver
Former Penn State GC Reprimanded for Breaching Attorney–Client Privilege
Corporate Attorney-Client Privilege “Cautiously and Narrowly” Applied to In-House Counsel
Does Regulatory Advice Equal Legal Advice for Privilege Purposes?
ACTL Publishes Excellent Practice Manual for Conducting Privileged Internal Investigations
Yes, Virginia, There is an “Insurance Compliance Self-Evaluative Privilege”
A Derivative Privilege: Court Protects Counsel’s Use of Consultant During Internal Investigation
Baylor Univ. in Major Privilege Battle over Law Firm’s Investigation Documents
Trends in Privilege and Post-Accident Investigations
Court Rejects Privilege for “Reserve Amount” Set by In-House Claims Counsel

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