Todd Presnell

Todd Presnell

Bradley Arant Boult Cummings LLP

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Latest Publications


Despite Privilege, GC May Pursue Whistleblower Retaliation Suit under SOX and Dodd–Frank

California’s USDC–ND ruled that Bio-Rad Laboratories’ former General Counsel may use privileged communications to prove his retaliatory-discharge case prosecuted under Sarbanes–Oxley and Dodd–Frank’s whistleblower...more

1/4/2017 - Anti-Retaliation Provisions Dodd-Frank DOJ DOL Ethics FCPA Federal v State Law Application Medical Devices Preemption Privilege Waivers Privileged Communication Rules of Professional Conduct Sarbanes-Oxley SEC Whistleblowers Wrongful Termination

Legal Advice Or PR Plan? A Pertinent Privilege Conundrum

The ever-expanding scope of what constitutes the “press” creates new issues for companies and their counsel dealing with disputes that either are in or will develop into litigation. Routine corporate disputes that received no...more

6/10/2016 - Attorney-Client Privilege Employer Liability Issues Media Online Reputation Public Relations Reputation Management Work Product Privilege

Government’s Penn State Investigation Produces Lessons for In-House Counsel

The fallout at Penn State University in the wake of the Jerry Sandusky child-sexual-abuse scandal, including the victims’ suffering, Sandusky’s criminal conviction, the firing and subsequent death of legendary Coach Joe...more

3/4/2016 - Attorney-Client Privilege Conflicts of Interest Corporate Officers Grand Juries Motions to Quash Omissions Penn State Subpoenas Upjohn Warnings

What’s Mine is Not Yours: Former Officers and Directors and a Corporation’s Attorney–Client Privilege

An officer or director’s company exit often feels like a divorce, with post-departure monetary payments and document-custody issues dominating the immediate aftermath. Companies are quick to enforce non-compete agreements and...more

1/6/2015 - Attorney-Client Privilege Board of Directors Confidential Information Corporate Counsel Corporate Officers Discovery Separation Termination Trade Secrets

Washington State Supreme Court Limits Attorney-Client Privilege for Healthcare-Provider Corporations

In a major decision that affects healthcare-provider corporations, the Washington State Supreme Court significantly limited attorneys’ ability to engage in privileged conversations with the provider corporation’s employed...more

7/18/2014 - Attorney-Client Privilege Corporate Counsel Ex-Parte Communications Health Care Providers Healthcare Healthcare Provider Corporations

The In-House Attorney-Client Privilege

It’s simple—the attorney-client privilege protects from discovery communications between a client and his or her lawyer. It’s challenging—the privilege applies to communications between (some) corporate representatives and...more

5/19/2014 - Affiliates Attorney-Client Privilege Business Ownership Consultants Corporate Counsel Discovery Independent Contractors Outside Counsel Subsidiaries

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