Presnell on Privileges

The latest developments on evidentiary privileges for corporate and outside counsel

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On: September 5, 2023

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Does Regulatory Advice Equal Legal Advice for Privilege Purposes?
Courts Duel Over Privilege Protection for Email Attachments
Court Finds In-House Counsel Privilege “More Difficult,” and Explains Why
Employee Purloins In-House Lawyer’s Privileged Emails. Now What?
No Privilege for Client’s Handwritten Notes Created During Depo Prep, Court Finds
In-House Lawyer’s Affidavit Secures Privilege Protection

Court Upholds Privilege for Company’s Internal Investigation—Here’s Why
Court Rejects Privilege for In-House Paralegal’s Segway Accident Investigation
VW Avoids Privilege Waiver in Dieselgate Internal Investigation—Here’s How
No 612 Waiver: Privilege Protects In-House Attorney’s Depo-Prep Review of Internal-Investigation Documents
Former Penn State GC Reprimanded for Breaching Attorney–Client Privilege
Court Rejects a Posthumous Corporate Attorney–Client Privilege
Does Regulatory Advice Equal Legal Advice for Privilege Purposes?
Privilege Covers Lawyer’s “Fact Investigation,” Court Rules
Court Applies Zolin’s Discretionary Standard in Denying In Camera Privilege Review
Protecting the Privilege in a Post-Yates Memorandum World
Five Cases, Five Lessons: Emails and Privilege for In-House Counsel
Despite Privilege, GC May Pursue Whistleblower Retaliation Suit under SOX and Dodd–Frank
Court Rejects Privilege for Company’s Lawyer–Risk-Management Director
Big (Privilege) Gulp: 7-Eleven Protects In-House Counsel’s Emails about Background-Check Form
Penn State Loses Privilege Clash over Internal Investigation, and the Reason May Surprise You

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