ANALYSIS: Did Lawyers Miss Their Chance at A-C Privilege Reform?

In January, the US Supreme Court decided that the matter of altering attorney-client privilege for legal and business advice was essentially a non-starter. The court’s refusal to weigh in on the facts of In Re Grand Jury leaves corporate counsel navigating an uncertain landscape for attorney-client privilege where most, but not all, jurisdictions follow a “primary purpose” standard for dual-purpose legal and business communications.

This development served as an enormous disappointment for many in the legal community—specifically corporate counsel, who largely urged the court to enact a “significant purpose” standard for attorney-client privilege that would protect both legal and ...