Legal Alerts/Details

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

January 27, 2023
  1. See Snell & Wilmer’s Legal Alert (Nov. 29, 2022). 

  2. In re Kellogg Brown & Root, Inc., 756 F.3d 754, 759–60 (D.C. Cir. 2014). 

  3. In re Grand Jury, 23 F.4th 1088, 1091 (9th Cir. 2021).

  4. Id. at 1091.

  5. In re Kellogg, 756 F.3d at 757.

  6. Trans. at 55:22–56:7.

  7. Trans. at 27:5–28:2.

  8. Trans. at 30:8–32:4.

  9. Trans. at 61:12–63:17

  10. Trans. at 15:15–20.

  11. Trans. at 9:11–17, 25:16–23.

  12. Trans. at 24:1–11.

  13. In re Grand Jury, 23 F.4th at 1091 (emphasis added).

  14. See id. at 1093–94 (rejecting a broader privilege test that would “create perverse incentives for companies to add layers of lawyers to every business decision in hopes of insulating themselves from scrutiny in any future litigation”).

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