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Employees Corporate Privilege

Vinson & Elkins LLP

An Important Reminder Regarding the Scope of the Attorney-Client Privilege in the Corporate Setting

Vinson & Elkins LLP on

Earlier this year, a federal judge in the Northern District of California ordered Elizabeth Holmes (“Holmes”), the founder and former CEO of now-defunct Theranos, Inc. (“Theranos”), to disclose communications between herself...more

Perkins Coie

Washington Supreme Court Extends Corporate Privilege to Non-Employee Contractors

Perkins Coie on

More than thirty years ago, the Washington Supreme Court ruled defense counsel may not engage in ex parte communications with a plaintiff’s treating physician. Loudon v. Mhyre, 110 Wn.2d 675, 676 (1988). The Loudon rule, as...more

Davis Wright Tremaine LLP

Washington Appeals Court Rejects “Functional Equivalent” Test for Corporate Attorney-Client Privilege

A recent decision from Division II of the Washington Court of Appeals will significantly impact clients who contract with independent contractors and other non-employee agents. ...more

McGuireWoods LLP

How Can Companies Successfully Assert the "Functional Equivalent" Doctrine?

McGuireWoods LLP on

Starting in 1994, most courts have recognized an enormously important privilege doctrine – treating as if they were full-time corporate employees independent contractors who are the "functional equivalent" of such employees. ...more

McGuireWoods LLP

How Far Does the "Functional Equivalent" Standard Extend?

McGuireWoods LLP on

Many previous Privilege Points have addressed the corporate-friendly "functional equivalent" doctrine, under which non-employees who essentially act as employees are inside privilege protection. An equal number of Privilege...more

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