In my previous column, "Appellate Advocates: Application of Attorney-Client Privilege to Government Communication and More," NYLJ, Feb. 14, 2024, p. 3, col. 3, I discussed the applicability of the ...

January 5, 2023 - A communication must be made for the purpose of legal advice to be protected from disclosure by the attorney-client privilege. If legal advice is not the purpose of the ...

In considering whether the attorney-client privilege attached to the disputed dual-purpose communications, the district court applied the "primary purpose" test. The district court held that the ...

The DC Circuit defined the primary purpose test to provide that the attorney-client privilege can protect investigation-related materials if providing or obtaining legal advice was one of the ...

In Upjohn v. U.S., the court noted, “The attorney-client privilege is the oldest of the privileges for confidential communications known to the common law.” Its purpose? To “encourage full ...

The government, he said, had moved from pressing the primary purpose test to saying that the privilege would apply in close cases. “I’ll be honest,” Justice Gorsuch said. “I’m struggling ...

Executive privilege, rooted in Article Two of the Constitution ... doctor and spouse. Their purpose is to encourage candid communications that are intended to remain secret.

Professor, so let's start off with the purpose for executive privilege. What is it? JESSICA ROTH: The purpose of the executive privilege is to protect the confidential communications within the ...

The recent Alberta decision of Prosser v. Industrial Alliance Insurance, 2024 ABKB 87, shed light on this topic, examining how the purpose and use of an investigation can impact where the privilege ...