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Inside and outside counsel should know that the way they guide clients through legal and business issues may need to change based on a recent Ninth Circuit case governing the protections afforded to dual purpose communications. Here's how to mitigate litigation risks.
The Supreme Court heard oral arguments in In Re Grand Jury, No. 21 1397. Court did not appear satisfied with the present formulations of either the significant purpose test or the primary purpose test, several justices appeared quite skeptical of a broadened rule.
On January 10, 2023, the SEC filed a subpoena enforcement action against Covington, a large law firm that was victimized by the so-called Hafnium cyberattack by Chinese state actors. The SEC seeks names of Covington clients whose information was accessed by the attackers.
Attorney client privilege protects confidential communications between clients and their attorneys for the purpose of obtaining legal advice. Business has become more complex since the Upjohn Co. v United States ruling and the justices are scheduled to revisit on January 9, 2023.