The Minnesota Court of Appeals confirmed in Energy Policy Advocates v. Keith Ellison, 963 N.W. 2d 485 (Minn. App. 2021) that Minnesota does not recognize the “common-interest doctrine”. The doctrine, when applied, permits disclosure without waiver as long as the party claiming the protection ” demonstrates that the parties communicating (1) have a common legal…interest; and (2) the disclosures are made in the course of formulating a legal strategy.” The court stated that to the extent the doctrine were to be recognized it required no formal or express agreement. None existed in this case. The court went on to say that the task of extending existing law falls to the supreme court or to the legislature. The Minnesota Supreme Court has now taken review of this decision.