MPR: Trump & Yates, Baseball, and America’s Sheriff

We see privilege issues discussed in judicial decisions, legal commentary, and mainstream news.  Here is my Monthly Privilege Roundup of interesting privilege issues for March 2017.

  • The Washington Post reports that that Trump administration, citing the attorney-client privilege and presidential communications privilege, sought to prevent former DAG Sally Yates from testifying in Congress’s probe into connections between the Trump campaign and Russian officials.  Story here.
  • Former Maricopa County Sheriff Joe Arpaio, known as “America’s Sheriff,” asserts that the attorney-client privilege precludes his former attorney from testifying in the Sheriff’s trial for criminal contempt charges.  Story from Arizona here.
  • Well, it is baseball season.  Law360 reports that, in a suit over failed expansion of the independent Frontier League, the Rockford Aviators’ CEO claims that the Washington (PA) Wild Things’ CEO improperly withheld documents under the attorney-client privilege.  Law360 has the details here.
  • The Global Legal Post reports on a British decision that purportedly “causes concern over privilege for internal investigations.”  Read the report here.
  • In a common-sense ruling, a West Virginia federal court ruled that transmitting privileged document via a file sharing site–without making it password-protected, waived the privilege.  Interesting factual situation led to this decision, and you may read about it here.
  • The Belmont Law Review published a Note discussing how the attorney-client privilege applies to a company’s former employees.  You may recall that the Washington Supreme Court recently held that the privilege does not apply to former employees–an opinion that I discussed in this post.  This law review article provides a good overview of the issue and is worth the read.  Heath Henley, The Attorney-Client Privilege and Former Employees: History, Principle, and Precedent, 3 Belmont L. Rev. 229 (2016).

MPR: Nashville, “Legal Dodgeball,” and a Large GC Verdict

We see privilege issues discussed in judicial decisions, legal commentary, and mainstream news.  Here is my Monthly Privilege Roundup of interesting privilege issues for February 2017.

  • Recall that VP Mike Pence secured an appellate-court victory claiming that the privilege precluded disclosure of certain documents under Indiana’s public-records act.  The requester has now sought review by the Indiana Supreme Court.  Story here.
  • Sticking with public-records requests, a  journalist with The Modesto Bee complains that the City of Modesto’s use of the attorney-client privilege to withhold documents is a “form of legal dodgeball.”  Are cities not allowed to receive confidential, privileged advice? Make up your own mind.  Op-ed column accessible here.
  • Nashville’s DA, Glenn Funk, sued a local TV station’s investigative reporter, Phil Williams, for libel after he published a story stating that Funk blackmailed a criminal defendant to drop a civil case in exchange for dismissing pending domestic-violence charges.  A Nashville judge recently ruled that Tennessee’s journalist privilege did not apply, and ordered the reporter to disclose his investigative documents.  Read the story by The Tennessean‘s  Stacey Barchenger here.

Monthly Privilege Roundup: Aaron Hernandez, a Christmas Party Memo, and Privileged Pillow Talk?

We see privilege issues discussed in judicial decisions, legal commentary, and mainstream news.  Here is a roundup of interesting privilege issues for December 2016.

  • The Camarillo Acorn, a newspaper, filed a public-records request seeking old voicemails between the Camarillo Health Care District’s former CEO, Jane Rozanski, and CHCD’s attorney, Ralph Ferguson.  Allegations abound that Rozanski was dating Ferguson and helped him overbill CHCD by $425K.  A court stopped the production after Rozanski asserted the attorney-client privilege.  The Acorn responded in this editorial claiming it was interested in the truth, not privileged pillow talk.

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