It’s a connection almost as sacred as any biological bond: the rapport between in-house counsel and clients with global business networks. In the face of litigation, internal documents could be called into evidence and upholding the international sanctity of attorney-client privilege can become knotty. Explore ways to make the law work for you anywhere in the world.
Presents a country-by-country overview of the availability of protection from disclosure of communications between in-house counsel and the officers, directors or employees of the companies they serve.
A young lawyer drops a file on your desk: "We got him cold," he says. "Here are his emails to his lawyer—I bet he has admitted the sexual harassment in some emails to his attorney and once we read them, we can nail him good." But should you open and read them? Something makes you uneasy about reading those emails. Are you right to worry? Yes. While there are cases which would support your claim that the executive waived the attorney-client privilege by using company computers, especially in light of your company policy prohibiting using computers for personal use, the law in this area is neither mature nor settled. Proceed, as they say, at your peril.
Discusses what happens to the attorney-client privilege when the interest of a parent corporation and its affiliated companies diverge and ultimately become adverse, and provides useful guidance for corporate counsel representing corporate families.
Discusses the Akzo decision and its effect on communications between in-house lawyers and their business clients.
The role of advocate is one of great responsibility and requires a strong understanding of what needs to be done in order to affect change. New laws and potential changes to existing laws impact in-house counsel's ability to work effectively. Alberto Gonzalez-Pita has been working, along with ACC, on behalf of the in-house community, and its ability to serve the client, for years.
Corporate privilege has been eroded on several fronts. Lawyers operating in the current legal climate must be keenly aware of the corporate privilege's potential limitations and take steps to minimize them. Here are thirteen steps to cope with corporate privilege erosion.
John Villa discusses the applicable rules concerning ex parte interviews with your employees
A derivative suit has been filed against the company, its directors, and some officers. There are no advice-of-counsel issues that would be implicated in this instance by your representation of both the company and the individual defendants, but can one law firm represent everybody? What are the risks? Can you ever have too many lawyers?