Exxon Mobil Corporation v. Clarence Hill

JERRY E. SMITH, Circuit Judge:

Exxon Mobil Corporation (“Exxon Mobil”) appeals a judgment that dismissed its intervention based on the district court’s ruling that a memorandum prepared by Exxon Mobil’s in-house counsel was ineligible for the protections of the attorney-client privilege. Concluding that the memorandum is privileged, we vacate and remand.

I

In the late 1980s, Exxon Mobil was negotiating with another company (“ITCO”) over a proposed contract under which ITCO would clean and store oilfield production tubulars for Exxon Mobil. The parties knew that some of the tubulars had…