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Busting Unions and Dodging Opinions
Strict Scrutiny
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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