Lawyers have returned to the road. We are traveling for court hearings, depositions, client meetings, mediations, and conferences. And that travel necessarily includes hotel stays. But, as we know, the work never goes away. While we are in those hotels,
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Wait, What? U.S. Supreme Court Dismisses Privilege Case Following Oral Argument
The U.S. Supreme Court was, for the first time in some time, ready to issue an opinion involving the corporate attorney–client privilege. The issue was the proper standard courts should use to determine whether the attorney–client privilege protects dual-purpose communications—those…
U.S. Supreme Court to Address the Corporate Attorney-Client Privilege: The Petitioner’s Rebuttal
For the first time in some time, the United States Supreme Court agreed to hear a case involving the corporate attorney–client privilege. The issue is the proper standard courts should use to determine whether the attorney–client privilege protects dual-purpose communications—those…
Privileges in 2022–Year in Review
The year 2022 brought us more privilege-related issues and court rulings—some baffling, some concerning, and all educational. Others published timely articles on a few unsettled privilege questions, which I identify and link in Ideas, Opinions, and Advocacy: Privilege Publications in…
Ideas, Opinions, and Advocacy: Privilege Publications in 2022
Somewhat remarkably, I am not the only lawyer who writes about evidentiary privileges. I maintain a resources page listing influential treatises, newsletters, and articles. Some of these same authors, along with new ones, published articles in 2022 ranging from the…
U.S. Supreme Court to Address Corporate Attorney-Client Privilege: The Government’s Opposition
For the first time in some time, the United States Supreme Court agreed to hear a case involving the corporate attorney–client privilege. The issue is the proper standard courts should use to determine whether the attorney–client privilege protects dual-purpose communications—those…
U.S. Supreme Court to Address Corporate Attorney-Client Privilege: 14 Amicus Parties Weigh In
For the first time in some time, the United States Supreme Court agreed to hear a case involving the corporate attorney–client privilege. The issue is the proper standard courts should use to determine whether the attorney–client privilege protects dual-purpose communications—those…
U.S. Supreme Court to Address Corporate Attorney-Client Privilege: The Petitioner’s Merits Arguments
For the first time in some time, the United States Supreme Court agreed to hear a case involving the corporate attorney–client privilege. The issue is the proper standard courts should use to determine whether the attorney–client privilege protects dual-purpose communications—those…
U.S. Supreme Court to Address Corporate Attorney-Client Privilege: The Petition Stage
For the first time in some time, the United States Supreme Court agreed to hear a case involving the corporate attorney–client privilege. The issue is the proper standard courts should use to determine whether the attorney–client privilege protects dual-purpose communications—those…
U.S. Supreme Court to Address Corporate Attorney-Client Privilege: The Court of Appeals Decision
For the first time in some time, the United States Supreme Court agreed to hear a case involving the corporate attorney–client privilege. The issue is the proper standard courts should use to determine whether the attorney–client privilege protects dual-purpose communications—those…