Privilege

Privilege

Thomas E. Spahn | McGuireWoods LLP

In most situations, a law firm's clients' identities do not deserve privilege protection. But as with so many other general privilege rules, there are exceptions.

Privilege

Thomas E. Spahn | McGuireWoods LLP

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.

Privilege

Thomas E. Spahn | McGuireWoods LLP

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...