For my 400th post, let’s discuss a decision from my home state addressing a sometimes forgotten distinction in the area of waiver. Courts generally find waiver of, for example, a contract provision, a claim, or a constitutional guarantee, when there
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 5
Sharpen Your Privilege Axe for Board Minutes and Reports
One of the greatest frontier lawyers, Abraham Lincoln, once made the thought-provoking statement that, if asked to chop down a tree within six hours, he would spend the first four hours sharpening his axe. The future president’s message, of course,…
Hobson’s Choice? Batson Challenge, Jury-Selection Notes, and Work-Product Waiver
A lawyer defending a Batson challenge to her peremptory juror strikes must present a neutral, non-discriminatory reason for the strike. Often the striking lawyer’s jury-selection notes supply evidence—one way or the other—of her reasons for excusing the challenged juror. And…
An Examination of the Bank-Examination Privilege (III): Putting it All Together
Abstract This post is the third of a three-part series. In An Examination of the Bank-Examination Privilege (I): Overview of an Enigma, I provided an overview of the bank-examination privilege and explained its origin and scope. In An Examination of…
An Examination of the Bank-Examination Privilege (II): Burden-Shifting and Good Cause
Abstract This post is the second in a three-part series. In An Examination of the Bank-Examination Privilege (I): Overview of an Enigma, I provided an overview of the privilege and discussed its origin and scope. In this second installment, I…
An Examination of the Bank-Examination Privilege (I): Overview of an Enigma
The evidentiary privilege known as the “bank-examination privilege” is a bit of an enigma. Its name may lead you to believe the privilege belongs to banks but that’s not true. The privilege covers a bank-examination report, but not all of…
Only in the Movies? Court Suspends Lawyer for Breaching Attorney–Client Privilege
Ever hear of a story and think, “that only happens in the movies!” Well, this story may invoke that thought, but unfortunately it transpired in real life. Although the rule is clear that lawyers cannot reveal privileged communications without client…
Spinning Straw into Privilege Gold? An Analysis of Google’s Privilege Loss at the NLRB
I suppose it’s inevitable in these media times. When a company with a headline-grabbing name suffers some legal defeat, it makes the, well, headlines. And so it is with Google’s ongoing battle at the NLRB to protect from discovery communications,…
“Looks Good”! Court Rejects Privilege for Email Sent to In-House Lawyers and PR Employees
After drafting a public-relations statement, companies’ internal communications folks regularly want to “run it by” the legal department. And often with good reason—to ensure that the press release does not say something that could harm the company in any future…
Privileges in 2021—Year in Review
The year 2021 brought a wide range of privilege issues for our consumption and edification. Several others published articles worthy of our time, as I reviewed in Practice Tips, Ideas, and Considerations: Privilege Articles from 2021. As for case-law development,…