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Ninth Circuit’s reversal of evidence exclusion in Broadcom case does not alter lessons learned regarding Upjohn warnings

USA - October 7 2009 Earlier this year we circulated a memorandum discussing the implications of the suppression order issued in United States v. Nicholas, 606 F. Supp. 2d 1109 (C.D. Ca. Apr. 2009), on the administration of Upjohn warnings.

Shari A. Brandt

Issuing a proper Upjohn warning will not cure multiple representation conflicts

USA - May 8 2009 A recent decision calls into question whether an Upjohn warning given by a company's lawyer to a company employee during an internal investigation is sufficient to protect the company's privilege, particularly if the company's lawyer had a prior attorney-client relationship with the employee or represents the employee concurrently.

Shari A. Brandt

New decision on the application of attorney- client privilege to communications with in-house counsel

USA - February 11 2009 A recent decision out of the Northern District of Illinois provided a more expansive application of the attorney-client privilege to communications with in-house counsel than other courts have been willing to adopt.

Hellen Park, Daniel C. Zinman