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Category Archives: Privilege

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Attorney Client Privilege—Does Subject Matter Waiver Apply?

Posted in Privilege

Last week, the Illinois Supreme Court answered the question of whether subject matter waivers should apply to attorney-client privilege, and subsequently, calmed the concerns of ACC and others by rejecting forced disclosure of attorney-client communications. Each day, companies and individuals seek the advice and counsel of lawyers through conversations and communications they assume are confidential… Continue Reading

Victory in Gillard v. AIG

Posted in Privilege

Relying at multiple points on an amicus brief filed by the Association of Corporate Counsel and others, the Pennsylvania Supreme Court has returned to the fold and will now apply the attorney-client privilege to confidential communications, in particular, legal advice, from the attorney to the client.  The decision is available here.     Prior Pennsylvania court… Continue Reading

AKZO Decision Denies Legal Privilege Protections (LPP)/Confidentiality To Clients of EU In-House Counsel

Posted in Cross Borders, Privilege

On April 29, Advocate General Juliane Kokott of the Court of Justice of the European Union issued her opinion in the case of Akzo Nobel Chemicals Ltd v. EU (Case-550/07) suggesting that legal professional privilege does not apply to communications with in-house lawyers.  [The AG’s opinion proposes that the Court should dismiss the appeal, but… Continue Reading

FASB to Scale Back FAS 5 Proposal: Organizational Respect For Privilege Expected To Be Reinstated

Posted in Privilege

ACC applauds the Financial Accounting Standards Board (FASB) for moving away from its proposed changes to FAS 5 contingent liability reporting requirements and adopting a more reasonable approach in response to strong opposition from ACC and other bar and business groups. The Board reportedly plans to issue a final rule that will incorporate the following*:… Continue Reading

Lawyers and Auditors: The Perfect Storm of Privilege Issues?

Posted in Privilege

"Answers to Questions You Wish Your Outside Auditor Hadn’t Asked" at the ACC Annual Meeting raised lots of questions, but provided lots of solutions, too.  When it comes to privilege protection and erosion, many in-house lawyers are  terribly afraid of the threat from within: the likelihood that their auditors, newly empowered and intimidated by the PCAOB,… Continue Reading

A real win-win day for the privilege

Posted in Privilege

It was a good day for attorney-client privilege junkies like me here at ACC(and that means if you’re corporate counsel, it was a REALLY good day foryou and your clients’ rights): the DOJ finally issued its promisedrevisions to the McNulty Memo and (are you seated?) actually reversed everysingle issue we’ve protested in the Holder/Thompson/McNulty Memo… Continue Reading

In the News: Attorney-Client Privilege

Posted in Privilege

If you haven’t seen it, you should check out the great editorial in the Wall Street Journal (www.wsj.com) on attorney-client privilege. The editors lambast the DOJ for its reliance on the Thompson memorandum and suggest that its days are numbered (the memo, not DOJ). Stay tuned for some more big news on attorney-client privilege later… Continue Reading