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
The post Major Decision: Texas
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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
The post Court Rejects “Corporate…
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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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 created for legal and non-legal purposes. In re Grand Jury,
The post Wait, What? U.S.