Ethics

Decision here.  No doubt, more to come from David, Brad, Steve, and others about this important case.  Upon a lightning-quick skim, it seems that in footnote 7 the court finessed the issue that had us so agitated: whether Bevil and following cases really mean what some of the following cases said about the company's control of privileged communications in dual-representation cases.  Instead, the appellate court focused on the notion that Ruehle knew his comments were to be shared with the accountants -- at which point the privilege analysis was finished.  Story here.  This is one of those fundamental issues that shape the landscape.  Unfortunately for corporate executives and PR profs alike, I think that the Ninth Circuit postponed its decision on the big issue.