Presnell on Privileges

The latest developments on evidentiary privileges for corporate and outside counsel

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On: February 2, 2023

On: January 27, 2023

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On: December 30, 2022

On: December 29, 2022

On: December 19, 2022

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Witness Statements and Work-Product: Is It Deceptively Simple?
No Privilege for Client’s Handwritten Notes Created During Depo Prep, Court Finds
Honey, I Shrunk the Profits! Court Adopts “Business Communications” Exception to the Marital Communications Privilege
U.S. Supreme Court to Address the Corporate Attorney-Client Privilege: The Petitioner's Rebuttal
Courts Duel Over Privilege Protection for Email Attachments
Work-Product or Memory Refresher? Court Requires Disclosure of Witness’s Pre-Depo Doc Review

Corporate Attorney-Client Privilege “Cautiously and Narrowly” Applied to In-House Counsel
Practice Tip: Responding to Complaint Allegations that Contain Privileged Information
Dartmouth Loses In-House Counsel Privilege Dispute with Pro Se Expelled Student
No Privilege for Outside Counsel’s HR Investigation, Court Rules
Court Finds In-House Counsel Privilege “More Difficult,” and Explains Why
Despite Privilege, GC May Pursue Whistleblower Retaliation Suit under SOX and Dodd–Frank
“Looks Good”! Court Rejects Privilege for Email Sent to In-House Lawyers and PR Employees
Major Decision on Subject Matter Waiver Doctrine
No Room in the Inn: Marriott’s Legal Dep’t Loses Privilege over Strategic Plan Memo
Ex-Penn State GC’s Upjohn Failure Provides Lessons for Corporate Counsel
Five Cases, Five Lessons: Emails and Privilege for In-House Counsel
ACTL Publishes Excellent Practice Manual for Conducting Privileged Internal Investigations
Obama White House Counsel Loses Privilege Battle with Former Law Firm
Privilege Covers Lawyer’s “Fact Investigation,” Court Rules
Court Issues Tough Decision on In-House Counsel and the Attorney-Client Privilege

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