LCJ Amicus Brief, In re Meta Platforms, Inc. v. District of Columbia

The importance of maintaining predictable, well-defined safeguards surrounding the attorney-client privilege, particularly for corporations that rely on candid legal risk assessment, is highlighted in LCJ’s amicus brief in In re Meta Platforms, Inc and Instagram, LLC v. District of Columbia. LCJ argues in the filing with the District of Columbia Court of Appeals that the crime-fraud exception applied by the D.C. Superior Court is a narrow doctrine that applies only in exceptional circumstances and only when supported by evidence that the lawyer was retained for the purpose of furthering a crime or fraud and that the legal advice itself advanced the crime or fraud. The court applied the exception without identifying an actionable crime or fraud in furtherance of which counsel was retained and without citing evidence that the communications in fact furthered a crime, fraud, or other misconduct.

LCJ’s amicus brief was prepared by Jonathan M. Redgrave with Redgrave LLP. Click here to read the amicus.