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 Sessions’ 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 Wood’s 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 Memorandum’s effect on the attorney–client privilege, see my article titled Protecting Privilege in a Post-Yates Memorandum World.
- Vice President–Elect Mike Pence is asserting, in part, the attorney–client privilege as the legal basis to withhold communications with other governors regarding a potential legal challenge to President Obama’s immigration executive order. Story here.