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Evidence

Sep. 9, 2025

9th Circuit to hear oral argument on scope of attorney-client privilege for mixed business/legal communications

The 9th Circuit will hear oral argument in Epic Games v. Apple, a case that could clarify whether corporate communications involving both legal and business considerations qualify for attorney-client privilege when legal advice is one of several primary purposes.

Alejandro L. Sarria

Partner
Miller & Chevalier Chartered

Alejandro (Alex) L. Sarria is a partner, co-chair of the Government Contracts Group and vice chair of the Litigation Practice.

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Bradley E. Markano

Counsel
Miller & Chevalier Chartered

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9th Circuit to hear oral argument on scope of attorney-client privilege for mixed business/legal communications
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In October, the 9th Circuit Court of Appeals will hear oral argument in a case that has the potential to clarify -- or further confuse -- the test for attorney-client privilege in corporate communications that involve both legal and business considerations. In Epic Games v. Apple Inc., No. 25-2935, Apple is appealing sanctions ordered against it by the Northern District of California after the court found that Apple had failed to produce thousands of documents related ...

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