Thomas Spahn, at McGuire Woods reports on how courts treat LLCs for privilege purposes. Specifically, he notes the following:
Limited Liability Corporations combine the characteristics of corporations and partnerships. Few courts have dealt with the privilege implications of these hybrid business entities.
In Carpenters Pension Trust v. Lindquist Family LLC, the court acknowledged that “[t]he application of attorney-client privilege to members of an LLC is a relatively uncharted area of law.” No. C‑13‑01063 DMR, 2014 U.S. Dist. LEXIS 54335, at *8 (N.D. Cal. Apr. 18, 2014). The court ultimately applied the privilege principles applicable to corporations.