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Privilege and Legal Holds

Information secure protected locked privilege Presnell_web(1)

March 2, 2020

When a litigation adversary challenges a company’s evidence-preservation efforts, it may move to compel production of the legal hold notice. What are the chances that notice will be protected under attorney-client privilege or the work product doctrine? This Today’s General Counsel article by columnist Todd Presnell looks at what a number of federal courts have had to say about this question. It also suggests some things in-house counsel can do when formulating and disseminating the hold in order to increase the likelihood of securing protection.

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