Apple's Epic Games court loss spawns debate over tech attorney & client privilege

The Epic vs. Apple judge declaring that including an attorney on an email chain doesn't invoke attorney-client privilege is concerning industry groups concerned that it violates previous precedent, and endangers clients and lawyers.


In April 2025, U.S. District Judge Yvonne Gonzalez Rogers wrote that "adding a lawyer's name to a document does not create a privilege." The judge declared that Apple tried to hide business-related documents by doing just that — claiming that they were covered by attorney-client privilege.

But now, Bloomberg Law reports that two industry groups have filed an amicus brief to the US Court of Appeals for the Ninth Circuit. The groups, TechNet and the Association of Corporate Counsel, argue that the precedent set by the judge could change how companies deal with compliance.


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