Busting Unions and Dodging Opinions
Strict Scrutiny
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Is the Court Going to Disrupt the Consensus?
The court is unlikely to disturb the rough consensus for how courts have reviewed claims of attorney client privilege over so-called dual purpose or hybrid purpose communications. The issue could be especially relevant in internal investigation cases, which came up a lot in the oral argument. But again, it doesn't seem like the court is likely to change whether and when those communications are ordinarily protected.
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