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A general counsel copies herself on an email chain that is purely a business negotiation about pricing, marks it 'Privileged and Confidential,' and provides no legal analysis. If the email is later sought in discovery, a court will most likely hold that it is:

Privileged, because the general counsel was a recipient Privileged, because it was labeled 'Privileged and Confidential' Not privileged, because it was predominantly business rather than legal advice Not privileged, because in-house counsel can never assert privilege

Correct Answer:

Not privileged, because it was predominantly business rather than legal advice

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