LCJ Amicus Brief in Epic Games, Inc. v. Apple Inc., U.S. Court of Appeals for the 9th Circuit

LCJ’s amicus brief in Epic Games v. Apple urges the 9th Circuit to adopt the “significant legal purpose” standard for attorney-client privilege where business and legal considerations are inherently intertwined—in this case the communications involve a company’s effort to comply with a court order. The District Court’s use of the stricter “primary purpose” test is unworkable in practice and undermines the attorney-client privilege because it strips legitimate legal advice of privilege protection simply because it is combined with nonlegal content, discouraging the open exchange of information between lawyer and client. LCJ’s amicus brief, available here was prepared by Jonathan Redgrave and Gareth Evans of Redgrave LLP.