Publication
Legal Alert: Oracle Busts Google’s Work-Product Protection Claim
Oracle Busts the Attorney-Client Privilege on an Internal Google Email to Its In-House Counsel
by Dan W. Goldfine
Suppose a competitor with a reputation for suing or a government agent drops by, accusing a company of wrongdoing. In response, in-house counsel concludes that it is prudent to determine whether there is merit to the accusation of wrongdoing. In-house counsel then instructs a senior employee to gather information about the accusation of wrongdoing and report back via email. Senior employee collects information and prepares an email summarizing his/her conclusion, including some less-than-flattering information. Senior employee addresses the email to management and in-house counsel, marking the email "attorney-client privilege" and/or "attorney work product." During the subsequent litigation with respect to the previous accusation of wrongdoing, the company asserts attorney-client privilege and attorney work product with respect to the email and all drafts thereof. The other side moves to compel the production of the email and all drafts thereof.
Google, in a dispute with Oracle, was faced with these facts, and the court ruled that the email and drafts of the email were neither attorney-client privilege nor work product and ordered their production….
About Snell & Wilmer
Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 16 locations throughout the United States and in Mexico, including Los Angeles, Orange County and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.
Contributors
