ACC requested leave to file an amicus curiae in In re Alcon Laboratories, urging the court to issue Alcon Laboratories, Inc. and Alcon Research, Ltd.'s petition for writ of mandamus.
WASHINGTON (December 14, 2017) — The Association of Corporate Counsel (ACC), a global legal association representing more than 43,000 in-house lawyers in 85 countries, requested leave to file an amicus curiae in In re Alcon Laboratories, urging the US Court of Appeals for the Federal Circuit to issue Alcon Laboratories, Inc. and Alcon Research, Ltd.'s petition for writ of mandamus. In the brief, ACC urges the court to make clear that in-house counsel's post-complaint communications and work product with clients are protected to the same extent as outside trial counsel's attorney-client communications and work product.
At issue is a decision in Johns Hopkins Univ. v. Alcon Labs, Inc. by the US District Court in Delaware. In 2015, Johns Hopkins University filed a patent infringement suit against Alcon Laboratories and Alcon Research. The district court ordered Alcon to produce all documents, excluding communications with trial counsel, that address the patent's validity or potential infringement.
If allowed to stand, the district court order "would stifle the national and global trend of corporate clients employing in-house counsel as in-the-trenches litigators, and relegates those inside counsel to 'second class' litigator roles," the brief states. The district court order implicitly draws a false divide between the functions of trial counsel and in-house counsel.
"Often times, inside counsel litigate alongside outside trial counsel, and in fact, many companies have dedicated attorneys who are primarily responsible for litigation," said Mary Blatch, ACC director of advocacy and public policy. "The lower court's decision undercuts the modern day reality of in-house counsel's role in litigation and jeopardizes client confidence in communications."
ACC also explains in the brief that by treating in-house counsel inferior to outside trial counsel with respect to attorney-client privilege and work-product privileges, the district court order challenges in-house counsel's ability to lead litigation strategy, or partner with outside counsel for litigation.
To read the ACC brief, visit http://acc.com/advocacy/upload/InReAlcon-ACCamicus121117.pdf.
About ACC:The Association of Corporate Counsel (ACC) is a global legal association that promotes the common professional and business interests of in-house counsel who work for corporations, associations and other organizations through information, education, networking, and advocacy. With more than 43,000 members in 85 countries employed by over 10,000 organizations, ACC connects its members to the people and resources necessary for both personal and professional growth. By in-house counsel, for in-house counsel.® For more information, visit www.acc.com and follow ACC on Twitter: @ACCinhouse.
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