Privilege
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Privilege
Why Is a D.C. Federal Court Analyzing a State "Control Group" Privilege Standard, but the Federal Work Product Rule?: Parts I & II
All but a handful of states apply what is called the Upjohn privilege standard – under which the attorney-client privilege can protect a corporation's lawyer's communication with any corporate employee who has information the lawyer needs to provide the corporate client legal advice.
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Ninth Circuit Mildly Praises Judge Kavanaugh’s Expansive Privilege Approach to Corporate Investigation Materials
Essentially all courts apply a "primary purpose" test when assessing privilege protection. But while on the D.C. Circuit Court, Judge Kavannaugh articulated a far more corporate-friendly standard in analyzing an internal corporate investigation's materials...
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Courts Wrestle With the "Facts" vs. "Communications" Dilemma: Part I & II
In all or nearly all circumstances, historical facts do not deserve privilege protection – something either happened or it didn't happen. The privilege can protect communications about those historical facts.
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