On 4 October, a Client Alert from Wilmer Hale reported that, for the first time since 1981 opinion the Supreme Court will examine the scope of the attorney-client privilege for communications between a company and its lawyers. It says that at issue is the application of the “primary purpose” standard for determining whether communications are covered by the attorney-client privilege. Courts use this test to determine whether attorney-client privilege applies to communications made both to secure legal advice and for some other, business-related purpose.
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