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The latest developments on evidentiary privileges for corporate and outside counsel

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Latest Privilege News and Commentary

Wait, What? U.S. Supreme Court Dismisses Privilege Case Following Oral Argument

On: January 27, 2023

U.S. Supreme Court to Address the Corporate Attorney-Client Privilege: The Petitioner’s Rebuttal

On: January 4, 2023

Privileges in 2022–Year in Review

On: December 30, 2022

Ideas, Opinions, and Advocacy: Privilege Publications in 2022

On: December 29, 2022

U.S. Supreme Court to Address Corporate Attorney-Client Privilege: The Government’s Opposition

On: December 19, 2022

U.S. Supreme Court to Address Corporate Attorney-Client Privilege: 14 Amicus Parties Weigh In

On: December 13, 2022

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What You Are Reading

Wait, What? U.S. Supreme Court Dismisses Privilege Case Following Oral Argument
This is a “Big Deal”: Court Provides Excellent Roadmap for 502(a) Subject-Matter Waiver Analysis
No Privilege for Client’s Handwritten Notes Created During Depo Prep, Court Finds
Halloween Dilemma: Lawyer’s Interview of Employee–Complainant Leads to Privilege and Ethical Concerns
Witness Statements and Work-Product: Is It Deceptively Simple?
U.S. Supreme Court to Address the Corporate Attorney-Client Privilege: The Petitioner's Rebuttal

Interactive Privilege Map by State

Interactive Privilege Map by Federal Jurisdiction

In Case You Missed It …..

Court Issues Tough Decision on In-House Counsel and the Attorney-Client Privilege
Ipse Dixit Privilege Assertions Doom In-House adidas Lawyer’s Emails
Attention Law Firm In-House Counsel: New Decision on the Attorney-Client Privilege
Former Penn State GC Reprimanded for Breaching Attorney–Client Privilege
Court Rules that Party Waived Privilege Despite a 502(d) Order
Baylor Univ. in Major Privilege Battle over Law Firm’s Investigation Documents
Court Finds In-House Counsel Privilege “More Difficult,” and Explains Why
In-House Lawyer’s Affidavit Secures Privilege Protection
Subsidiaries, Affiliates, and Privilege Protection
In-House Counsel Fails to Prove Privilege, Loses Quest to Seal Emails & Notes
Major Decision—Court Orders Baylor to Produce Lawyers’ Internal Investigation Work Product
Penn State Loses Privilege Clash over Internal Investigation, and the Reason May Surprise You
Practice Pointers for Preventing or Limiting In-House Counsel Depositions
Tennessee Court Adopts Functional-Equivalent Doctrine
Dartmouth Loses In-House Counsel Privilege Dispute with Pro Se Expelled Student

Explore a Privilege Topic

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
“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

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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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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