Overview

• TechNet and the Association of Corporate Counsel filed a joint amicus brief supporting Apple’s challenge to limits on privilege set in the Epic Games case.
• U.S. District Judge Yvonne Gonzalez Rogers ruled in April that adding a lawyer to an email does not create privilege and cited Apple for over‑designating business documents as confidential.
• Examples in the ruling included internal emails and a presentation label change suggested by in‑house counsel Jennifer Brown, which the court said did not transform business content into privileged legal advice.
• The brief warns that restricting protection for mixed business‑legal communications would impair corporate compliance and disproportionately burden smaller companies that rely on in‑house counsel.
• The appeal seeks adoption of the Ninth Circuit’s primary purpose standard, with oral arguments scheduled for October 21, 2025, and TechNet discloses Apple is a member.