Steps Companies Can Take To Mitigate Privilege Labeling Risk

By Gareth Evans and James Hertsch (June 14, 2022, 3:06 PM EDT) -- A May decision on sanctions that the U.S. Department of Justice sought in antitrust litigation against Google LLC illustrates how corporations' training regarding attorney-client privilege can go awry.

In U.S. v. Google LLC in the U.S. District Court for the District of Columbia, the DOJ moved for sanctions against Google related to what the DOJ called silent attorney emails — email chains originating with nonattorneys that had a privilege banner and a request for legal advice to an attorney on the chain, but with no response from the attorney.[1]

The DOJ claimed that the requests for legal advice were pretexts for false privilege claims...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!