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WHAT WE'RE WATCHING

ARE YOU MY LAWYER? - Prosecutors in the federal fraud case against Elizabeth Holmes claim that more than a dozen communications between Holmes and Boies Schiller Flexner are not covered by the attorney-client privilege because the firm didn't represent the Theranos founder personally and the company has waived its privileges. But Holmes' attorneys claim her "unique" relationship with the firm means those communications are protected. So what's the deal? Ashwin Ram, of Steptoe & Johnson LLP's Los Angeles office, told Law.com's Alaina Lancaster that it's easy for attorneys to lose sight of the fundamentals given the sheer volume of interviews that take place during a corporate investigation. "Even if an attorney gives the Upjohn warning in that first interview with the company, agent or executives, what about the next 100 times they talk?" he said. "Is the attorney really expected to keep repeating that, 'Hey, I'm not representing you. I'm representing the company'? No, and realistically, that doesn't happen. So that's I think where you could get into a gray area."

STUNNING REALIZATION - The year's almost out and law firm collections are still going swimmingly, according to firm leaders and industry observers, so that's pretty neat. Then again, it is still 2020 for nine more days, so there's always the possibility that an evil wizard could make all the world's money disappear or something. But assuming things continue on this trajectory, we're looking at a heck of a comeback story for the legal industry, all things considered. "The way the large firms have performed is actually pretty remarkable," Brad Hildebrandt, chairman of Hildebrandt Consulting, told Law.com's Justin Henry. "It turns out as the last quarter came about, many of the practices were showing a return, like M&A and private equity. Most firms at the end of the year are going to have increased revenue or at least the same revenue, and profits are going to be very high."

PIGGISH BEHAVIOR -  Finally, a complaint with some real meat to it! (pause for laughter) Hormel Foods, Smithfield Foods, Tyson Foods and other defendants were hit with an antitrust lawsuit Tuesday in Minnesota District Court. The lawsuit, filed by Hellmuth & Johnson PLLC on behalf of Cheney Brothers Inc., alleges the defendants engaged in an "illegal conspiracy, which increased the prices of pork sold in the United States beginning at least as early as 2009 and continuing through the present." Counsel have not yet appeared for the defendants. The case is 0:20-cv-02642, Cheney Brothers, Inc. v. Agri Stats, Inc. et al. Stay up on the latest litigation with the new Law.com Radar.

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