We see privilege issues discussed in judicial decisions, legal commentary, and mainstream news.  Here is my Monthly Privilege Roundup of interesting privilege issues for April 2017.
- Bill O’Reilly’s attorneys “mistakenly” sent emails between them and the former Fox News commentator. Â The attorney-client privilege almost certainly protected these emails, but to the extent they become relevant in any subsequent litigation, there is a strong waiver argument. Â Read the story here.
- Former NY Mayor Rudy Giuliani and former U.S. Attorney Michael Mukasey are involved in seeking “a diplomatic solution” to end the case of a Turkish trader accused of violating US sanctions against Iran.  The trader’s lawyer will not reveal the substance of the diplomatic help, asserting the attorney-client privilege.  See the NY Post story here.
- In a public-records case, a Hawaii state judge ruled that the attorney-client privilege covers an investigation of the state auditor by the Highway Department of the Attorney General’s office. Â The requestor’s attorney called the ruling an “overly broad interpretation of the attorney-client privilege.” Â Read the story here.
- A South Carolina court recently held that defendants waive any attorney-client privilege assertions in FCA cases when they assert and advice-of-counsel defense. Â BloombergBNA has a story about the decision here.
- Wright State University, under criticism for mishandling research monies, refused to release portions of the independent audit investigation, citing the attorney-client privilege. Â The University’s redactions sparked more criticism for lack of transparency. Â Story here.
- Sweden is considering imposing new disclosure obligations on tax advisors, but some in the Swedish bar believe this will conflict with the attorney-client privilege. Story from Bloomberg BNA here.