Here’s a summary of an interesting Illinois opinion in Zangara v. Advocate Christ Medical Center . Nos. 1–09–1911, 1–09–1914 (June 10, 2011). The opinion rejects a claim of medical act privilege for statistical data on hospital infection rates. The opinion is to me interesting because data often matters more than opinions (or spin) about the

For better or worse, opinions from lawyers  are now tightly woven into management of government agencies and private businesses.  Indeed, opinions of lawyers are frequently cited to justify dubious behavior. For a recent, famous example, consider the massive AIG bonuses paid on the rational that non-payment might cause breach of contract claims. That pathetic explanation was nicely skewered

The Akzo Nobel ruling is out from the European Court of Justice, and rejects the attorney-client privilege claim for activities of inside counsel as related to claims regarding unfair competition.   The opinion is here. Go here for a Law.com article with predictable quotes from corporate counsel upset about losing secrecy.

The quotes from corporate groups emphasize

Here is an interesting NLJ article on the state secrets privilege from a law professor and dean with an impressive background in both public interest litigation and academics. The law professor, Alan B. Morrison, currently is the Lerner Family Associate Dean for Public Interest and Public Service Law at the George Washington University School

This September 23 NYT article by Charlie Savage describes Obama administration plans to deploy rules that limit the use of the state secrets privilege to block civil litigation. The article also briefly discusses legislative efforts to limit invocation of the privilege.

The existing use of privilege has significantly limited past lawsuits. For an example, see