UPDATE: Supreme Court of Texas Sides with ACC in Attorney Client Privilege Case

In February, the Supreme Court of Texas issued its opinion in In Re: City of Dickerson v. Texas Windstorm Insurance Association (TWIA), ruling in favor of TWIA and holding that a party does not waive attorney client privilege when it designates an employee as a testifying expert. In late 2018, ACC and the International Association of Defense Counsel submitted an amicus brief in the case. The Court specifically mentioned ACC’s brief in its decision, agreeing with ACC that “the attorney-client privilege is substantively distinct from the work-product doctrine and deserving of more jealous protection.”