News & Analysis as of September 21, 2024

Supreme Court of the United States › Attorney-Client Privilege

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Recent Developments in Coburn: Walking the Tightrope of Cooperating with DOJ while Maintaining an Independent Investigation

King & Spalding on 9/28/2023

In February 2022, a District of New Jersey court in United States v. Coburn took the surprising step of compelling a private company to produce internal investigation materials to two of its former executives, who were...more

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

Fisher Phillips on 7/27/2023

The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

In re Grand Jury: Supreme Court Avoids the Circuit Split on the Application of the Attorney-Client Privilege to Dual-Purpose...

Adler Pollock & Sheehan P.C. on 5/17/2023

Attorneys and in-house counsel who provide both legal and business advice to their clients should consider the scope of the attorney-client privilege relating to dual-purpose communications. On January 23, 2023, after...more

For All Intents and Dual-Purposes, SCOTUS Fails to Resolve Circuit Split

Proskauer - Minding Your Business on 5/9/2023

A three-way circuit split has long plagued the realm of attorney-client privilege on how to treat communications that implicate both legal and non-legal concerns (known as “dual-purpose communications”). Namely, if a lawyer...more

Dual Purpose Communication – Why It Is Important for In-House Counsel, Litigators, and All Attorneys to Understand

Epstein Becker & Green on 4/3/2023

On January 9, 2023, the Supreme Court held oral arguments on a significant issue regarding the application of the attorney-client privilege in a case called In re Grand Jury, Docket No. 21-1397, 598 U.S. ___ (2023). In re...more

Supreme Court Fumbles Attempt to Define Privilege Standard: Part III

McGuireWoods LLP on 3/30/2023

The last two Privilege Points (Part I and Part II) addressed the Supreme Court's abandoned attempt to address the abstract "primary purpose" versus "one significant purpose" privilege standard in the absence of specific facts...more

Supreme Court Fumbles Attempt to Define Privilege Standard: Part I

McGuireWoods LLP on 3/16/2023

On January 23, 2023, the U.S. Supreme Court took the unusual step of dropping a case after oral argument. In re Grand Jury, 23 F.4th 1088 (9th Cir.), cert. granted, 143 S. Ct. 80 (2022), cert. dismissed as improvidently...more

Primary or Significant? The Impact of the Supreme Court’s Decision to Not Review Attorney-Client Privilege In Dual Purpose...

Paul Hastings LLP on 3/15/2023

At some point in their careers, most in-house counsel will be asked about the application of the attorney-client privilege or work on matters in which they will have to become familiar and comfortable with the application of...more

Justices Leave Questions Open On Dual-Purpose Atty Advice

Holland & Hart LLP on 3/8/2023

In-house counsel, tax attorneys and litigators alike were disappointed by the U.S. Supreme Court's recent decision to dismiss the appeal of In re: Grand Jury on grounds that certiorari was improvidently granted. The...more

What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?

Littler on 2/22/2023

As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the...more

Supreme Court Evaluates Scope of Attorney-Client Privilege for Dual-Purpose Communications

Jenner & Block on 2/22/2023

On January 9, 2023, the US Supreme Court heard oral argument in the matter of In re Grand Jury, No. 21-1397, which asked the Court to determine whether “dual-purpose” communications involving both legal and business advice...more

SCOTUS (Almost) Weighs in on Attorney-Client Privilege for Dual Purpose Communications: 5 Practical Tips to Protect Privilege

Sheppard Mullin Richter & Hampton LLP on 2/10/2023

Inside and outside counsel should know that the way they guide clients through legal and business issues may need to change based on a recent Ninth Circuit case governing the protections afforded to those communications...more

“Improvidently Granted”: Supremes Decline to Wade Into Attorney-Client Privilege Dispute

Bailey & Glasser, LLP on 2/6/2023

Recently, we wrote a blog post about the Supreme Court entertaining arguments on the scope of the attorney-client privilege in the context of dual-purpose communications paraphrasing a question from Justice Kagan during the...more

The United States Supreme Court Decides Not To Rule On Case Considering Test For Application Of Attorney-Client Privilege To...

A&O Shearman on 2/6/2023

On January 23, 2023, the United States Supreme Court dismissed the writ of certiorari as improvidently granted in a case that asked the Court to consider how to determine the application of attorney-client privilege to...more

Supreme Court Punts on Attorney-Client Privilege Question

McDermott Will & Emery on 2/3/2023

In a surprising move, the Supreme Court of the United States (SCOTUS) dismissed a dispute involving the proper test to apply when determining whether an unnamed law firm’s mixed bag of communications involving both legal...more

Revisiting the Attorney Client Privilege in the Wake of the Supreme Court's Dismissal of In re Grand Jury

Mintz on 2/1/2023

In re Grand Jury, a case closely watched by lawyers and in-house counsel, had the potential to fundamentally alter the scope of the attorney client privilege, which protects from disclosure to third parties certain...more

Walking the Regulatory Tightrope: The Attorney-Client Privilege in an Intertwined World

Snell & Wilmer on 1/30/2023

Whether or not a client is involved in civil litigation, the target of a grand jury subpoena or some other request to produce documents, the attorney-client privilege serves as a powerful tool to shield sensitive matters from...more

Supreme Court Leaves Open the Extent of Privilege Protection for Attorney-Client Communications with Dual Legal and Business...

Orrick, Herrington & Sutcliffe LLP on 1/26/2023

Every day in corporate America, in-house and outside legal counsel attend meetings and correspond by email with their clients about both legal and business matters. Often it difficult to separate the legal and non-legal parts...more

Update: Supreme Court Dismisses Privilege Case after Hearing Arguments

WilmerHale on 1/26/2023

Shortly after oral arguments on the correct standard for assessing the application of mixed-purpose communications in In re Grand Jury, the U.S. Supreme Court dismissed its writ of certiorari as improvidently granted. To...more

Docket Check Update: US Supreme Court Declines to Decide Whether Attorney-Client Privilege Protects Dual-Purpose Communications

Jackson Walker on 1/25/2023

The U.S. Supreme Court decided on January 23, 2023, in a per curiam slip opinion that it would not consider whether communications including both legal and non-legal advice are protected by attorney-client privilege. The...more

Supreme Court Changes Its Mind, Decides Not To Mire into Attorney Client Privilege

Foley & Lardner LLP on 1/25/2023

The United States Supreme Court has changed its mind as to whether to rule on the proper test to assess the applicability of the attorney-client privilege to dual purpose communications. Last year, the Supreme Court granted...more

Never Mind: Supreme Court Dismisses Attorney-Client Privilege Case After Oral Argument

Foley Hoag LLP on 1/25/2023

In re Grand Jury concerns a dispute between an unnamed company together with its unnamed law firm and the Government over whether the law firm was required to produce certain “dual purpose” communications—communications that...more

In Re Grand Jury: U.S. Supreme Court ‎Punts on How to Apply Attorney-Client Privilege to ‎Dual-‎Purpose Communications

Locke Lord LLP on 1/25/2023

On January 23, 2023, the U.S. Supreme Court dismissed In re Grand Jury, which had asked it to expand the scope of attorney-client privilege protection for dual-purpose communications, i.e., communications (particularly those...more

The First Rulings of the New Term – Dismissing Attorney-Client Privilege Case, Denying Equitable Tolling in Veteran’s Benefits...

Epstein Becker & Green on 1/25/2023

While many commentators were wondering when the Supreme Court would start issuing opinions, the backlog of argued cases now being substantial, today is their day. ...more

U.S. Supreme Court Dismisses as ‘Improvidently Granted’ Case on Scope of Attorney-Client Privilege

Jackson Lewis P.C. on 1/25/2023

In a per curiam opinion, the U.S. Supreme Court has dismissed the writ of certiorari granted in In re: Grand Jury, No. 21-1397, writing only that it was “improvidently granted.” The Court can dismiss any granted writ of...more

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Supreme Court of the United States › Attorney-Client Privilege

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