In a blow for in-house counsel seeking clarity on attorney-client privilege, the U.S. Supreme Court tossed what could have been a decisive case for when attorney’s communications with clients are protected.

In an unsigned, one-sentence order, the court dismissed an appeal in the case as “improvidently granted” just two weeks after hearing oral arguments, which marked the first time the high court had taken up the issue of attorney-client privilege in 40 years. (Find full coverage of the ruling here.)