News, Articles & Excerpts
Privilege & Immunity Quick-Reference Checklist for Texas General Counsel
In their 2027 book, In-House Counsel’s Compass: Navigating Privilege, Immunity and Risk in Texas and Beyond, co-authors Trey Cox and Alan Dabdoub explore the challenges and pitfalls for in-house lawyers navigating privilege today. The following is an exclusive excerpt highlighting the dual and often conflicting roles for today’s in-house legal departments and how they impact protecting privilege.
In-House Counsel’s Dual Role: The Primary Pitfall
In their new book, “In-House Counsel’s Compass: Navigating Privilege, Immunity and Risk in Texas and Beyond”, co-authors Trey Cox and Alan Dabdoub explore the challenges and pitfalls for in-house lawyers navigating privilege today. The following is an exclusive excerpt highlighting the dual and often conflicting roles for today’s corporate legal departments and how they impact protecting privilege.
AI as Evidence: Why General Counsel Must Treat Prompts and Outputs Like Litigation Assets
For chief litigation counsel and general counsel, the real challenge is not whether to allow AI—that’s simply unrealistic at this point in most enterprises—it’s how AI activity is governed, preserved, produced, and ultimately explained under oath. Because in modern litigation, AI prompts, outputs, and usage logs don’t vanish when you X out of the search screen—they are discoverable artifacts that can impact litigation.
Attention Is Your Most Valuable Resource in Trial
By the time a deposition reaches the courtroom, most lawyers assume the hard work is done. The testimony is locked. The transcript is clean. The video is clipped. But that’s where many cases quietly slip. Because presenting deposition testimony at trial isn’t just about what the witness said. It’s about whether the jury is actually paying attention when they hear it. And attention, more than evidence, is the currency that wins trials.
For In-House Lawyers, Attorney-Client Privilege Isn’t a Legal Technicality—It’s a Business Strategy
The role of today’s general counsel looks far different than it did just a decade ago. Corporate legal departments now operate at the center of business strategy, risk management, and decision-making. That evolution brings influence and opportunity along with new risks. Doctrines that protect lawyers and their companies—privilege, work product, and immunity—are no longer background principles. They are frontline tools in high-stakes litigation.