News & Publications

Supreme Court Decides Not To Clarify Standard For Attorney-Client Privilege For Dual-Purpose Communications

On January 23, the Supreme Court surprisingly decided to dismiss as "improvidently granted" the writ of certiorari it had granted in the case In re Grand Jury, No. 21-1397. This one-line dismissal order came after full briefing by the parties, thirteen substantive amicus briefs from various legal and business organizations, and oral argument. The issue originally presented to the Court in the petition for certiorari was "[w]hether a communication involving both legal and non-legal advice is [...]

Florida Court Declines To Find Exculpatory Clauses Preclude Strict Products Liability Claims

In a matter of first impression, a Florida appeals court recently held that a retailer's exculpatory clause does not apply to claims brought under a theory of strict products liability. In Harrell v. BMS Partners, LLC, the plaintiff purchased a motorcycle from a local retailer and alleged that the motorcycle soon began to "wobble, thrash, and violently turn," causing him to lose control and sustain serious bodily injuries in the ensuing crash.1 As a result of his injuries, [...]

Supreme Court Changes Decision And Declines To Review Attorney-Client Privilege

On January 23, 2023, after hearing an extensive oral argument, the Supreme Court dismissed In re Grand Jury, 23 F.4th1088 (9th Cir. 2021), cert granted, 143 S. Ct. 80 (2022), a highly anticipated case about how the attorney-client privilege applies to "multipurpose" communications. Absent clear direction form the Supreme Court, lawyers and their clients should continue to look to the relevant state and federal authority to apply the attorney-client privilege to multipurpose communications. As covered in our client [...]