Most understand the spousal privilege—or marital-communications privilege—to shield, well, confidential communications between spouses. But courts are increasingly asking whether the privilege applies to all spousal communications or only certain spousal communications. For instance, in an earlier post, Honey, I Shrunk
Presnell on Privileges
Presnell on Privileges, published by Legal Chronicles, LLC, focuses on evidentiary privileges relevant to corporate and outside counsel. The blog covers topics such as attorney-client privilege, work product protection, peer review privilege in healthcare, banking regulations related to suspicious activity reports (SARs), and privilege issues in internal investigations including harassment complaints. It also addresses privilege waivers, privilege in federal courts, and the boundaries of privilege in various legal contexts. The blog provides analysis of court rulings and regulatory developments affecting the application and scope of privileges in litigation and compliance.
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Insurer Cannot Waive Insured’s Underlying Privilege in Bad-Faith Case, Court Rules
Bad-faith litigation between an insurer and its insured often sparks privilege disputes, typically over disclosure of the insurer’s claims file. Now a less-litigated insurer–insured privilege dispute has reached the Florida District Court of Appeals: whether an insurer’s affirmative defense—that the…
“Outlandish”! Court Rejects Sanctions for Lawyer-Client Deposition Break Talk
The debate continues—when may you discuss substantive issues with your client–deponent during deposition breaks? Some federal district courts, such as the District of South Carolina (L.R. 30.09(E)), flat-out prohibit it by local rule. Other courts apply common law and tend…
Court Awards Fees for Lawyer’s Improper Privilege Objections at Deposition
Some may say that, when in depositions, defending lawyers generously voice “form” objections, “concisely in a nonargumentative and nonsuggestive manner,” of course, to preserve them under FRCP 30(c)(2) while the witness provides an answer. This rule demands a more exacting…
Court Rejects Privilege for Employee Review Group Despite In-House Lawyer’s Presence
Companies commonly maintain standing committees or groups to review information and decide on employee discipline and terminations. This raises the question of whether the attorney–client privilege protects from compelled disclosure the information presented to those groups when a lawyer is…
Peer Review Privilege in Federal Courts: Key Insights and Case Study
Fifty states recognize a medical peer-review privilege that safeguards certain healthcare discussions, promoting candid evaluations post-adverse events. In federal courts, the application of this privilege is complex, often depending on jurisdiction. While some federal courts have explored privileges, most reject…
SAR Privilege Restricts Banking Expert’s Testimony, Requires Explanatory Jury Instruction
Federal banking regulations establish confidentiality for suspicious-activity reports (SARs), which courts have interpreted as creating an evidentiary privilege. The Camenisch v. Umpqua Bank case illustrates how this privilege impacts discovery and trial, especially regarding class-action lawsuits, with a notable increase…
Nvidia Partially Reveals Investigation to German Court—Waives Work Product and Privilege in U.S. Action
It’s a conundrum, for sure. A company receives notice of potential wrongdoing, directs its in-house counsel to investigate the issue, and then must decide how, if at all, to affirmatively use the investigation to defend its conduct. A significant consideration…
In-House Counsel’s PowerPoint Presentation Not Privileged, Court Rules
The court ruled that the attorney-client privilege does not protect a PowerPoint presentation created by in-house counsel for antitrust training, deeming it a general instructional guide on business policies rather than legal advice. The decision emphasized the lack of particularized…
Investigations of Employee Harassment Complaints—Are They Privileged?
Learn how to succeed, and fail, when addressing whether investigations are privileged.
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