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The latest developments on evidentiary privileges for corporate and outside counsel

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Latest Privilege News and Commentary

Appellate Court Rejects PSQIA Work-Product Privilege for Hospital’s Event Report and Root Cause Analysis

On: October 15, 2020

Protective Order is Not a Vehicle to Challenge Privilege, Court Rules

On: October 13, 2020

The Evolution of Privilege: A Podcast Interview

On: September 29, 2020

Wait, What was That? Lack of Objection and Late (?) Claw-back Demand Waives Privilege in Virtual Deposition

On: September 24, 2020

Dartmouth Loses In-House Counsel Privilege Dispute with Pro Se Expelled Student

On: September 22, 2020

No Privilege for Lawyer’s Communications with Agent of Company’s Alter Ego

On: September 17, 2020

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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
What’s Good for the Privilege-Log Goose is Good for the Privilege-Log Gander
Former Penn State GC Reprimanded for Breaching Attorney–Client Privilege
Protective Order is Not a Vehicle to Challenge Privilege, Court Rules
Dartmouth Loses In-House Counsel Privilege Dispute with Pro Se Expelled Student

In Case You Missed It …..

No Privilege for Lawyer’s Communications with Agent of Company’s Alter Ego
Developing Issue: Attachments to Privileged Emails Not Necessarily Privileged
Big (Privilege) Gulp: 7-Eleven Protects In-House Counsel’s Emails about Background-Check Form
Privilege Applies Even Where In-House Lawyer Lacks State-Specific Law License
Ninth Circuit Adopts Work-Product Waiver Standard—In-House Counsel Memos Partially Survive
Does Advice-of-Counsel Defense Waive Privilege for In-House Lawyers?
Verifying Interrogatory Responses—and LinkedIn Profile—Results in In-House Lawyer’s Deposition
Stunning: WA SC Rejects Privilege between Corporate Counsel and Former Employees
Informative Comments on In-House Counsel’s Dual Role and Privilege Challenges
Parent Corp.’s GC Leads Investigation into Subsidiary’s Incident—Privileged?
Apple Chicanery? Court Limits In-House Counsel Deposition & Privilege Waiver
Tennessee Court Adopts Functional-Equivalent Doctrine
Court Finds In-House Counsel Privilege “More Difficult,” and Explains Why
Privilege Issues for In-House Lawyers–Foreign and Domestic–in U.S. Litigation
Penn State Loses Privilege Clash over Internal Investigation, and the Reason May Surprise You

Privilege Topics

Interactive Privilege Map by State

Interactive Privilege Map by Federal Jurisdiction

Trump Administration Privilege Posts

Important, but Buried, Executive Privilege Comments in D.C. Circuit’s McGahn Opinion
DOJ May Withhold “Talking Points Memo” about Lynch–Clinton Tarmac Meeting
Did Trump Waive Executive Privilege over McGahn’s Congressional Testimony?
Commentary on The Yates Memorandum
Sex, Privilege, and Audiotapes
The DOJ Won’t Disclose its Trump Informant? There’s a Privilege for That
Privilege Issues Confronting the Trump–Cohen Special Master
Reports of the Privilege’s Death are Greatly Exaggerated
A Non-Political, Legal Analysis of Trump Jr.’s Privilege Claim
Two Trump Lawyers and a NYT Reporter Walk Into a Bar ….

Privileges in 2019–Year in Review

attorney-client privilege

In this post, I review the top privilege decisions in 2019.

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Featured Post from Archives

"Dogs Can't Waive Privilege" and Other Privilege Tips for Working Remotely

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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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