A federal appeals court resolved a split within the circuit by clarifying the test courts should use when determining whether communications that provide both business and legal advice are protected by attorney-client privilege.

In the last several years, attorney-client privilege disputes have been spotlighted as more attorneys take on dual roles within companies. Most recently, Theranos founder Elizabeth Holmes unsuccessfully argued that Boies Schiller Flexner’s David Boies, who also served as a board member for the defunct blood-testing company, represented her individually, as well as the company.

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