Steps Companies Can Take to Mitigate Privilege Labeling Risk
Posted onAuthorElbert A. HughesComments Off on Steps Companies Can Take to Mitigate Privilege Labeling Risk
By Gareth Evans and James Hertsch (June 14, 2022, 3:06 p.m. EDT) — A May ruling on sanctions sought by the U.S. Department of Justice in antitrust litigation against Google LLC illustrates how corporate formation regarding solicitor-client privilege can go wrong.
In U.S. v. Google LLC in the U.S. District Court for the District of Columbia, the DOJ sought sanctions against Google regarding what the DOJ called silent attorney emails – chains of emails from non-lawyers who had a privilege banner and a request for legal advice from a chain lawyer, but no response from the lawyer.[1]
The DOJ claimed that requests for legal opinions were pretexts for false claims of privilege…
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