Keeping PR Strategy Communications Privileged: Part 2

Law360 (February 4, 2019, 2:50 PM EST) -- Part 1 of this article provided a state-of-the-law overview for when companies, facing high-profile legal challenges, hire public relations firms to work with the company’s lawyers on messaging. This overview noted that courts typically take one of two approaches to analyze whether attorney-client privilege protection applies to lawyer-PR firm communications: the necessity approach (determining whether the PR agent’s involvement in the attorney-client communication was necessary for the client to receive effective legal advice) and the functional equivalent employee approach (determining whether the PR agent developed a long-term track record working for the same client, such that the agent can be considered...

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