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Privilege
Non-Lawyer Corporate Employees Can Claim Privilege Protection for Investigation-Related Communications
Outside and in-house lawyers may of course normally claim privilege protection for their investigation-related communications, as long as they were primarily motivated by the need for legal advice. Depending on the anticipation of litigation element, they may also claim work product protection for those communications. But what if non-lawyer corporate employees conduct an investigation?
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Given the bare bones nature of many privilege logs, courts sometimes may be called upon, or themselves decide, to review withheld documents in camera to assess the grounds for the documents’ withholding.
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The Surprising Danger of Including a Spouse on Email Communications
Most lawyers know that state statutes or common law doctrines often protect communications between spouses – although there is wide variation in such approaches. But there is a lurking danger that all of us should keep in mind.
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