The broad concept of at-issue privilege waiver is best illustrated by the advice-of-counsel waiver doctrine which, as its moniker signals, arises when a party claims that he relied on his lawyer’s advice before engaging in certain conduct. The doctrine invokes
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.
Latest from Presnell on Privileges - Page 2
A Tie Goes to Business: Court Rejects Privilege for Emails between In-House and Outside Counsel
Sandlot baseball stars like me know that “a tie goes to the runner.” It’s an unwritten rule, for sure, and some say a myth. In baseball, this rule provides that, in a close play, most often at first base, if…
Major Announcement: LexisNexis Publishes Presnell and Arth’s Evidentiary Privileges Treatise
LexisNexis published Presnell and Arth’s evidentiary privileges treatise.
The post Major Announcement: LexisNexis Publishes Presnell and Arth’s Evidentiary Privileges Treatise appeared first on Presnell on Privileges.
Personal Privileged Email on Employer’s System—A Different View
In an earlier post, Company Policy, Personal Emails, and Privilege Protection, I discussed take-aways from a federal-court decision that an employee had no reasonable expectation of privacy—and therefore no privilege protection—for emails sent to her personal attorney on her employer’s…
Company Policy, Personal Emails, and Privilege Protection
It happens more than we know—employees use their company email to send personal messages, such as scheduling a medical appointment, checking-in with a child’s teacher, or sending a resume to an employer located on greener pastures. The messages winding their…
Major Decision: Texas Supreme Court Declares Expansive Privilege for Internal Investigations
In a divided ruling, the Texas Supreme Court granted privilege protection for the University of Texas’s internal investigation conducted by a non-lawyer third party. The privilege covered communications and memos even though the university–third party engagement letter mentioned nothing about…
Court Rejects “Corporate Privilege” for LLC and its Members—Waiver Ensues
Potential benefits arise when multiple clients retain one lawyer or one law firm to represent their common legal interests. But disadvantages exist, too, including the potential for privilege waiver—or privilege non-application—when joint clients later become adverse. Throw in a joint…
Hotels, Privilege, and Unexpected Waiver
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,…
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…