August 24, 2018 Top Story

New Guidance for Privilege Analysis

Court orders production of internal corporate emails, articulates rules

By Josephine M. Bahn

The fact that in-house counsel is copied on an email does not necessarily mean the email is privileged, according to a federal district court that recently required production of attorney-client communications it deemed administrative and “scrivener-like.”

iStockphoto by Getty Images

In doing so, the court created a set of guideposts for analyzing whether communications between in-house attorneys and their non-lawyer colleagues may be protected by attorney-client privilege. The examples set forth in the court’s opinion are a valuable resource to help litigators determine which internal business communications can be withheld from production, say ABA Section of Litigation leaders.

Premium Content For:
  • Litigation Section
Join - Now