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 legal inquiries, leading to the order for production of the presentation.
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Investigations of Employee Harassment Complaints—Are They Privileged?
Learn how to succeed, and fail, when addressing whether investigations are privileged.
The post Investigations of Employee Harassment Complaints—Are They Privileged? appeared first on Presnell on Privileges.
Advice-of-Counsel Privilege Waiver—How Far Does It Extend?
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 the sword-and-shield imagery by precluding a party from using privileged
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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 the runner and the baseball reach the base simultaneously, then
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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 email system. But just a few days later, the Oregon
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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 way through the company’s email system contain various levels of
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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 a legal-advice purpose or the privilege, drawing criticism from two
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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 representation that includes a corporate entity and its individual owners
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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, we are still working—taking a video deposition while attending a
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