More Privilege Articles

Ethics

FAST TAKE: Client Consultants Lose Out on Privilege Protection

The attorney-client privilege that protects confidential communications between clients and their lawyers may extend to consultants if they act as the “functional equivalent” of corporate employees. Otherwise, most courts take a very narrow view. In Durling v. Papa John’s...

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Ethics

Fast Take: Client Consultants Lose Out on Privilege Protection, Part I

The attorney-client privilege that protects confidential communications between clients and their lawyers may extend to consultants if they act as the “functional equivalent” of corporate employees. Otherwise, most courts take a very narrow view. In Durling v. Papa John’s...

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Investigations

Fast Take: Protecting Internal Investigations

Internal investigations merit privilege protection if their primary motivation is legal advice, and work product protection if primarily motivated by anticipated litigation. The U.S. District Court in Oregon, however, recently rejected a company’s privilege and work product claims arising...

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