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The latest developments on evidentiary privileges for corporate and outside counsel

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Latest Privilege News and Commentary

Nursing Home Peer-Review Privilege Protects Outside Consultant’s Reports, Court Rules

On: June 8, 2021

Deep Dish! Illinois Court Rejects New York Privilege Law in Interstate Subpoena Scuffle

On: June 3, 2021

A Tale of Two Tesla Investigation-Privilege Decisions

On: May 27, 2021

A Derivative Privilege: Court Protects Counsel’s Use of Consultant During Internal Investigation

On: May 18, 2021

“All I Know is What the GC Told Me!” Court Allows CEO’s Deposition but With Some Privilege Protections

On: May 12, 2021

Misstep: Fitbit Thwarted from Deposing Attorney—But Not for Privilege Reasons

On: May 7, 2021

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What You Are Reading

Witness Statements and Work-Product: Is It Deceptively Simple?
Court Rejects Privilege for Insurer’s Claims Adjuster and In-House Counsel
The Privilege When Your Attorney is the Best (or Only) 30(b)(6) Witness
One-Half of Wisdom: Circumventing Privilege Objections at Depositions
Ninth Circuit Adopts Work-Product Waiver Standard—In-House Counsel Memos Partially Survive
This is a “Big Deal”: Court Provides Excellent Roadmap for 502(a) Subject-Matter Waiver Analysis

Interactive Privilege Map by State

Interactive Privilege Map by Federal Jurisdiction

In Case You Missed It …..

Attorney-Client Privilege Exists for Companies in Liquidation Proceedings, Court Rules
KBR III: No Adverse Inference Arises from Privileged Internal Investigation
Privilege Covers Lawyer’s “Fact Investigation,” Court Rules
Big (Privilege) Gulp: 7-Eleven Protects In-House Counsel’s Emails about Background-Check Form
Does Regulatory Advice Equal Legal Advice for Privilege Purposes?
Protecting Witness Statements from Discovery
Internal-Investigation Emails between Non-Attorney Employees–Privileged?
Stunning: WA SC Rejects Privilege between Corporate Counsel and Former Employees
“Pardon Me, Boy,” Does Release of Atty’s Investigation Report Waive the Privilege?
Ipse Dixit Privilege Assertions Doom In-House adidas Lawyer’s Emails
Major Decision—Court Orders Baylor to Produce Lawyers’ Internal Investigation Work Product
Whistleblowing to In-House Counsel
Court Rejects a Posthumous Corporate Attorney–Client Privilege
Despite Privilege, GC May Pursue Whistleblower Retaliation Suit under SOX and Dodd–Frank
Court Rules that Party Waived Privilege Despite a 502(d) Order

Explore a Privilege Topic

Internal Investigations

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

Privileges in 2020–Year in Review

In this post, I review the top privilege decisions in 2020.

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Featured Post from Archives

Upjohn Turns 40

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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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