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
The post A Tie Goes…

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.

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
The post Personal Privileged Email…

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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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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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…

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
The post Hotels, Privilege, and…