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Presnell on Privileges

Presnell on Privileges

The latest developments on evidentiary privileges for corporate and outside counsel

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Latest Privilege News and Commentary

Major Announcement: LexisNexis Publishes Presnell and Arth’s Evidentiary Privileges Treatise

Major Announcement: LexisNexis Publishes Presnell and Arth’s Evidentiary Privileges Treatise

Court Awards Fees for Lawyer's Improper Privilege Objections at Deposition

Court Awards Fees for Lawyer’s Improper Privilege Objections at Deposition

Court Rejects Privilege for Employee Review Group Despite In-House Lawyer’s Presence

Court Rejects Privilege for Employee Review Group Despite In-House Lawyer’s Presence

Peer Review Privilege in Federal Courts: Key Insights and Case Study

Peer Review Privilege in Federal Courts: Key Insights and Case Study

SAR Privilege Restricts Banking Expert’s Testimony, Requires Explanatory Jury Instruction

SAR Privilege Restricts Banking Expert’s Testimony, Requires Explanatory Jury Instruction

Nvidia Partially Reveals Investigation to German Court—Waives Work Product and Privilege in U.S. Action

Nvidia Partially Reveals Investigation to German Court—Waives Work Product and Privilege in U.S. Action

In-House Counsel’s PowerPoint Presentation Not Privileged, Court Rules

In-House Counsel’s PowerPoint Presentation Not Privileged, Court Rules

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Latest Privilege News and Commentary

Court Awards Fees for Lawyer's Improper Privilege Objections at Deposition

Court Awards Fees for Lawyer’s Improper Privilege Objections at Deposition

Court Rejects Privilege for Employee Review Group Despite In-House Lawyer’s Presence

Court Rejects Privilege for Employee Review Group Despite In-House Lawyer’s Presence

Peer Review Privilege in Federal Courts: Key Insights and Case Study

Peer Review Privilege in Federal Courts: Key Insights and Case Study

SAR Privilege Restricts Banking Expert’s Testimony, Requires Explanatory Jury Instruction

SAR Privilege Restricts Banking Expert’s Testimony, Requires Explanatory Jury Instruction

Nvidia Partially Reveals Investigation to German Court—Waives Work Product and Privilege in U.S. Action

Nvidia Partially Reveals Investigation to German Court—Waives Work Product and Privilege in U.S. Action

In-House Counsel’s PowerPoint Presentation Not Privileged, Court Rules

In-House Counsel’s PowerPoint Presentation Not Privileged, Court Rules

  • 1
  • 2
  • 3
  • …
  • 73
  • ›
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LexisNexis Publishes Evidentiary Privileges Treatise by Todd Presnell and Kristi Arth

Interactive Privilege Map by State

Interactive Privilege Map by Federal Jurisdiction

In Case You Missed It …..

View All
  • Protecting the Privilege in a Post-Yates Memorandum World
  • Major Opinion: Texas Upholds Privilege for Lawyer’s Emails with Employee–Expert
  • No Privilege for Lawyer’s Communications with Agent of Company’s Alter Ego
  • No Privilege for University of Iowa’s Internal Investigation, Court Rules
  • Court Issues Tough Decision on In-House Counsel and the Attorney-Client Privilege
  • Court Rejects Privilege for In-House Lawyer’s Handwritten Notations
  • Penn State Loses Privilege Clash over Internal Investigation, and the Reason May Surprise You
  • Notable Ruling on the Attorney–Client Privilege and Former Employees
  • Privilege Covers In-House Lawyer’s Communications with “Indirect Subsidiary”
  • Big (Privilege) Gulp: 7-Eleven Protects In-House Counsel’s Emails about Background-Check Form
  • Sharpen Your Privilege Axe for Board Minutes and Reports
  • Court Finds In-House Counsel Privilege “More Difficult,” and Explains Why
  • Despite Privilege, GC May Pursue Whistleblower Retaliation Suit under SOX and Dodd–Frank
  • Touch Base–Court Applies U.S. Privilege Law to German Internal Investigation
  • Adequate Upjohn Warning? 10th Circuit Issues Instructive Decision

Explore a Privilege Topic

Internal Investigations

  • Investigations of Employee Harassment Complaints—Are They Privileged?

  • Major Decision: Texas Supreme Court Declares Expansive Privilege for Internal Investigations

  • Privileges in 2022–Year in Review

  • N.C. Courts Speak on Privilege Consequences of Required Investigations and Legal Purpose. We Should Listen.

  • 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

Privileges in 2021–Year in Review

In this post, I review the top privilege decisions in 2021.

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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

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