Lawyers, particularly in-house lawyers, may confront a dramatic change in the legal standards for what communications will be considered privileged as a result of a recent decision and order issued last month in the Vioxx litigation pending in the Eastern District of Louisiana. In adopting wholesale the recommendations of the court’s special master, the court threw into question in broad areas of corporate endeavor the availability of the privilege, particularly with respect to e-mail communications among in-house counsel and other corporate employees in an opinion that may carry more serious implications with respect to the availability of the privilege for those who need it most: companies that operate in highly regulated industries.

Source: E-Discovery Alert
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