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
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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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…
N.C. Courts Speak on Privilege Consequences of Required Investigations and Legal Purpose. We Should Listen.
Companies often have policies requiring internal investigations of alleged misconduct. A common example is a company’s policy to investigate all claims of sexual harassment. And when companies engage outside counsel to conduct these investigations, thorny privilege issues—to the surprise of…
In-House Lawyers: Are You Willing to Take an Oath?
Although the subject of academic debate, many scholars agree that the privilege against self-incrimination arose in part from growing opposition to the ecclesiastical oath during the seventeenth century. Invoking the Latin phrase nemo tenetur prodere seipsum, meaning no one is…
The More Things Change
The pandemic ushered in a panoply of behavioral changes in the workplace, ranging from virtual conferences to repetitive use of now tiresome phrases such as “these uncertain times” and “the new normal.” These changes continue to evolve as organizations grapple…