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The great legal debate continues. You know, whether Chicago’s deep-dish or New York’s thin-crust is the preferred pizza recipe. But a different recipe—with foreign subpoena, interstate deposition act, and conflict-of-laws ingredients— commenced another debate: whether Illinois’ or New York’s privilege
Continue Reading Deep Dish! Illinois Court Rejects New York Privilege Law in Interstate Subpoena Scuffle

It’s a comforting concept—the privilege protects from compelled disclosure communications between a company’s lawyer and employees pertaining to legal advice.  Comfort fades and privilege anxiety elevates, though, when the entity’s counsel employs a third-party consultant to assist in investigating an
Continue Reading A Derivative Privilege: Court Protects Counsel’s Use of Consultant During Internal Investigation

The C-Suite, appropriately so, often lacks first-hand, personal knowledge of the company’s day-to-day activities, instead relying upon others to keep them informed.  But privileged communications necessarily permeate these discussions when the in-house legal department informs the higher-ups of issues ripe
Continue Reading “All I Know is What the GC Told Me!” Court Allows CEO’s Deposition but With Some Privilege Protections

You may instruct your client not to answer a deposition question where “necessary to preserve a privilege,” but, if so, you should be prepared to defend it.  And defending it means knowing the privilege’s scope and application in all settings,
Continue Reading Inextricably Linked? Court Rejects Lawyer’s Instruction Not to Answer Deposition Question about Co-Client Communications

Whatever one thinks of the purpose of discovery, Justice Robert Jackson long ago reminded us that “discovery was hardly intended to enable a learned profession to perform its functions either without wits or on wits borrowed from the adversary.” Hickman v. Taylor, 67 S.
Continue Reading Authorized Piggybacking: Mass.’s Top Court Allows AG a Partial Review of Facebook’s Internal Investigation

Sometimes we need reminding that the work-product doctrine’s protection is not absolute. A Florida federal court obliged. In a high-dollar lawsuit involving a Sea Ray yacht, the court found that the work-product doctrine covered Sea Ray’s investigation report but forced
Continue Reading Capsized! Sea Ray Wins—Then Loses—Work Product Protection Over Investigator’s Report

That great philosopher, Yogi Berra, once quipped that “it ain’t over till it’s over.” Justice Amy Coney Barrett could have used that phrase to summarize her first signed majority opinion since joining the Supreme Court. Writing for a 7–2 majority,
Continue Reading First Opinion: Justice Barrett Upholds Deliberative Process Privilege for Agency’s Draft–But Effectively Final–Decision

NFL Commissioner Roger Goodell once quipped that his job is “protecting the shield,” a phrase referencing the League’s iconic shield-shaped logo and conveying that he protects the game’s integrity. Perhaps it also means protecting the NFL’s attorney–client privilege. In a
Continue Reading Protecting the Shield: NFL Wins Privilege Dispute with Insurers over Defense of CTE Litigation