[nathanyz]

So, one of the things I have personally seen is where these companies have in-house counsel and then CC that person on emails that could be problematic if they were ever required to be produced in discovery. Then if something does happen, it is easy to claim privilege on these emails and hide what are essentially non-legal related emails from lawsuits. There is flimsy cover of keeping counsel informed so they can provide legal guidance if needed, but that essentially undermines the legal process during a lawsuit as the very emails verifying a plaintiff's claim may be in these privileged emails, or maybe not, but without seeing them only the company and their legal teams knows.

Yes, this is unethical and also can lead to things like we see in this case where the judge will pierce privilege because it was being abused. But......unless you can prove that is what is going on in the emails, judges are very reticent to pierce privilege.