Although the U.S. Supreme Court originally granted cert and heard arguments on the issue of whether a more expansive definition of attorney-client privilege should be adopted, SCOTUS issued a one-sentence ruling on Monday dismissing the appeal as having been "improvidently granted." This issue is relevant to all attorneys providing guidance to a client company but it is likely to be especially interesting for in-house counsel as their advice often encompasses both business and legal matters due to the nature of their role. After this non-substantive SCOTUS decision, it remains important for counsel to ensure that legal advice is the "primary purpose" of any communication it intends to keep confidential and subject to attorney-client privilege.
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What Does the Recent SCOTUS Ruling Mean for In-House Counsel and the Scope of Attorney-Client Privilege?
The U.S. Supreme Court on Monday threw out a case about the scope of attorney-client privilege involving a law firm's bid to withhold records from prosecutors related to a cryptocurrency-promoting client in a tax investigation.