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Court Of Chancery Explains Privilege Rulings

Posted In Discovery

MPEG LA L.L.C. v. Dell Global B.V., C.A. 7016-VCP (December 9, 2013)

This is a useful decision because it collects the relevant rules for deciding if there is a privilege for communications that include a mixture of business and legal advice. If the business advice can be segregated from the legal advice, the communication should be produced with the legal advice redacted. If the business advice predominates and segregating it from the legal advice is not possible, the communication should be produced. But if the business advice cannot be said to predominate and segregating the legal advice is not possible, the communication may be withheld.

Tags: Discovery