Presnell on Privileges

The latest developments on evidentiary privileges for corporate and outside counsel

Posted in Eighth Circuit

The Privilege When Your Attorney is the Best (or Only) 30(b)(6) Witness

Upon receipt of a notice to depose your corporate client’s representative(s) under FRCP 30(b)(6) or state-rule equivalent, the entity’s lawyers scramble to identify the right employees or agents to handle the job. From time-to-time, the identification process boomerangs to the entity’s lawyer … Continue reading →

November 27, 2018

Well, That Backfired. A Privilege-Waiver Tale for Internal Investigations and In-House Counsel

We know that typically a company waives the privilege covering an internal-investigation memo if it discloses that memo to a government agency. One company nevertheless wanted it both ways, so it created a second memo summarizing (the favorable) part of an in-house lawyer’s privileged … Continue reading →

September 18, 2018

Parent Corp. Successfully Invokes Privilege for Dissolved Subsidiary—Here’s How

In our complex corporate world of parents, direct and indirect subsidiaries, affiliates, mergers, acquisitions, and dissolutions, an increasingly litigated issue is whether a parent’s in-house counsel may have privileged communications with the subsidiary’s employees. The USDC for E.D. … Continue reading →

January 18, 2018

ABA Journal’s Blawg 100 Honoree

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