Reuters

9th Circuit rejects broad privilege test for legal and business advice

(Reuters) - The 9th U.S. Circuit Court of Appeals has opted against a test for attorney-client privilege that would have broadened the scope of the shield for communications in which lawyers provide ...
JD Supra

Understanding the Dominant Purpose Test for Determining Whether Privilege Applies

In complex litigation, understanding when a document is protected by attorney-client privilege can be challenging, especially when privilege issues arise in multidistrict litigation (MDL) like the In ...
JD Supra

CAA v R (on the application of Jet2.com Limited): the Court of Appeal confirms the dominant purpose test for legal advice privilege

In recent years, the courts have frequently been called upon to define the scope of legal advice privilege. 2 Understandably, it remains a contentious topic between litigants: a party subject to a ...
Law

'A Big Ask.' Test That Would Expand Attorney-Client Privilege Draws Scrutiny From Justices

"I'm wondering if you would just comment on the ancient legal principle of 'If it ain't broke, don't fix it,'" Justice Elena Kagan said. At least three justices seemed wary of creating a test that ...