We see privilege issues discussed in judicial decisions, legal commentary, and mainstream news.  After skipping an October roundup due to a trial, here is a roundup of interesting privilege issues for November 2016.
- With Senator Sessionsâ likely appointment as Attorney General, many are asking whether the Yates Memorandum and its stance on seeking privilege waiver for cooperation credit will change. Jeff Woodâs article in InsideCounsel addresses the issue, and the National Law Journal has comments from Deputy Attorney General Sally Yates.
- For a refresher on the Yates Memorandumâs effect on the attorneyâclient privilege, see my article titled Protecting Privilege in a Post-Yates Memorandum World.
- Vice PresidentâElect Mike Pence is asserting, in part, the attorneyâclient privilege as the legal basis to withhold communications with other governors regarding a potential legal challenge to President Obamaâs immigration executive order. Story here.
- A Switzerland federal court issued an opinion that the attorneyâclient privilege did not protect a companyâs outside counselâs internal investigation report from disclosure to the Switzerland Attorney General. Â Story here.
- The New Mexico Public Defenderâs office is defending a former luxury home builder against fraud and embezzlement charges, but, citing the attorneyâclient privilege, refuses to identify the costs to do so in response to a public-records request. Not sure this will turn out well for the Public Defenderâs office. An editorial in the Albuquerque Journal is here.
- Remember Jodi Arias, the Arizona woman who spent 18 days on the witness stand and was convicted of brutally killing her boyfriend? Arizona disbarred her former attorney, Kirk Nurmi, for publishing a book about the case that revealed communications in violation of the attorneyâclient privilege. Ariasâ new lawyer stated that the privilege âfollows you to the grave.â Interesting choice of words. Story here.
- A Texas federal judge issued an injunction prohibiting enforcement of the Department of Laborâs so-called âpersuader ruleâ that would have required violation of the attorneyâclient privilege. Story here, and my blog post about the persuader rule is here.