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Employers routinely investigate employee harassment or hostile-work-environment complaints yet inconsistently achieve privilege protection for those investigations.  For instance, a Florida employer failed to achieve privilege protection for notes of its investigator—who doubled as an attorney and HR Director—regarding an employee’s FMLA claim.  And a North Carolina law firm lost privilege protection

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I am thrilled to announce the publication of Privileges and Protections: Tennessee and Sixth Circuit Law. My former law partner turned law professor Kristi W. Arth and I completed this years-long journey and are delighted that LexisNexis/Matthew Bender added this treatise to its comprehensive collection of legal publications.

Todd Presnell

Print 🖨 PDF 📄In a divided ruling, the Texas Supreme Court granted privilege protection for the University of Texas’s internal investigation conducted by a non-lawyer third party. The privilege covered communications and memos even though the university–third party engagement letter mentioned nothing about a legal-advice purpose or the privilege, drawing criticism from two dissenting

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Potential benefits arise when multiple clients retain one lawyer or one law firm to represent their common legal interests. But disadvantages exist, too, including the potential for privilege waiver—or privilege non-application—when joint clients later become adverse.  Throw in a joint representation that includes a corporate entity and its individual owners and

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The U.S. Supreme Court was, for the first time in some time, ready to issue an opinion involving the corporate attorney–client privilege.  The issue was the proper standard courts should use to determine whether the attorney–client privilege protects dual-purpose communications—those created for legal and non-legal purposes.  In re Grand Jury, No.