Shark 1.06

Did anyone else watch tonight's episode of Shark? I usually really enjoy this show, but so many things about tonight's episode had me screaming at the TV. Well, not screaming screaming, since it doesn't really matter that much, but it really took me out of the episode.

First, how does attorney-client privilege cover an email from one person to another person who is not his attorney where the attorney is bcc'ed? I thought I remembered a CLE at work this past year about how you can't get privilege to cover a communication just because you cc'ed your attorney or labeled it as a privileged communication, so how is a bcc covered? Maybe I am remembering the rules wrong, which is totally possible, but it doesn't even seem to make sense under common sense. Especially if the attorney is bcc'ed - then no recipient would ever think it was a communication to an attorney. I didn't think throwing out the emails was such an easy decision, but I know it was necessary to move the plot along. But if it works the way I seem to remember, I don't really like that they had this in there.

Second, considering the case they put forward, how is it possible that the case even went to the jury? Can't the judge decide that the state has not gotten anywhere close to meeting its burden and dismiss it as a matter of law?

And last, at the end, isn't Shark's nemesis facing a conflict of interest? I can't remember if the suit was brought against the individual fashion designer, the company or both, but at the end he's advocating for the company and talking about how the individual would plead guilty. Unless the individual were never part of the suit at all, isn't this a conflict of interest?

Anyway, just wondering.