Evidence
Sep. 15, 2025
Litigating the gray areas of attorney-client privilege: A risky business
Courts are increasingly scrutinizing the "primary purpose" of communications with in-house counsel, and as cases like Epic Games v. Apple show, companies risk losing attorney-client privilege protections when business and legal advice blur.
Many businesspeople believe that all conversations with their lawyer will be protected by the attorney-client privilege. But that is not always the case, particularly for lawyers employed as in-house counsel. As several recent challenges to the attorney-client privilege in major cases involving big tech companies have demonstrated, the attorney-client privilege is under attack in the courts.
History of the primary purpose doctrine
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