Steps Companies Can Take To Mitigate Privilege Labeling Risk

By Gareth Evans and James Hertsch (June 14, 2022, 3:06 PM EDT) — A May decision on sanctions that the U.S. Department of Justice sought in antitrust litigation against Google LLC illustrates how corporations’ training regarding attorney-client privilege can go awry.

In U.S. v. Google LLC in the U.S. District Court for the District of Columbia, the DOJ moved for sanctions against Google related to what the DOJ called silent attorney emails — email chains originating with nonattorneys that had a privilege banner and a request for legal advice to an attorney on the chain, but with no response from the attorney.[1]

The DOJ claimed that the requests for legal advice were pretexts for false privilege claims…

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