Because in-house counsel often perform non-legal functions, thorny issues can arise in determining whether a communication is privileged. A determination of privilege depends on the confidential nature of a communication and whether it was made for the express purpose of securing or delivering legal advice, and it can be lost if a communication is sent to people who do not have a need to know. Kenneth E. McKay, a shareholder at Baker Donelson, and co-speaker Michael B. Hayes, a partner at Montgomery McCracken, tackled privilege issues faced by in-house counsel during a recent webinar sponsored by Strafford CLE Webinars. We highlight key takeaways, including which communications are privileged, preserving privilege, waiver risks and the special concerns that arise in internal investigations, mergers and acquisitions, parent-subsidiary relationships and when in-house counsel are asked to testify. See “Dispelling Myths About When Attorney-Client Privilege Applies to Communications With In-House Counsel” (Sep. 13, 2017).