Presnell on Privileges

The latest developments on evidentiary privileges for corporate and outside counsel

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On: August 2, 2022

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This is a “Big Deal”: Court Provides Excellent Roadmap for 502(a) Subject-Matter Waiver Analysis
Loose Corporate Officer Lips Sink Corporate Privilege Ships
Courts Duel Over Privilege Protection for Email Attachments
Witness Statements and Work-Product: Is It Deceptively Simple?
Federal PSQIA Privilege Preempts State Peer-Review Privilege
The More Things Change

Court Rules that Party Waived Privilege Despite a 502(d) Order
Court Permits In-House Lawyer Deposition—But With Instructions to Preserve the Privilege
“Looks Good”! Court Rejects Privilege for Email Sent to In-House Lawyers and PR Employees
10 FAQs about the In-House Attorney-Client Privilege
Whistleblowing to In-House Counsel
Privilege Covers In-House Lawyer’s Communications with “Indirect Subsidiary”
Major Decision on Law Firm In-House Counsel Privilege
Protecting the Privilege in a Post-Yates Memorandum World
Court Rejects Joint–Prosecution Privilege Between Company and USAO
Outside Counsel Forwards Privileged Email to Adversary—Court Finds No Waiver
Sharpen Your Privilege Axe for Board Minutes and Reports
GC’s “Talking Points” Memo to CEO Not Privileged—Leads to a Punitive Damages Verdict
Attention Law Firm In-House Counsel: New Decision on the Attorney-Client Privilege
Sweeping Privilege Loss—Baylor Must Produce Documents From Sexual-Assault Investigation
Privilege Protects Ford’s Internal Investigation into “Sudden-Acceleration” Claims

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
ACTL Publishes Excellent Practice Manual for Conducting Privileged Internal Investigations
Major Decision—Court Orders Baylor to Produce Lawyers’ Internal Investigation Work Product