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Law Practice,
9th U.S. Circuit Court of Appeals

Jul. 27, 2010

Corporate Counsel Clarity: 9th Circuit Defines the Client

Identifying which client holds attorney-client privilege is tricky in the realm of corporations, but not so anymore.

Timothy D. Reuben

Founder and CEO, Reuben, Raucher & Blum

Phone: (310) 777-1990

Email: treuben@rrbattorneys.com

Reuben is the founder and CEO at Reuben Raucher & Blum. Alongside his extensive career as a civil litigator specializing in complex matters at both the trial and appellate level, he serves pro bono as a temporary judge and settlement officer for the Los Angeles Superior Court, as well as a fee arbitrator for the LA County Bar.

In the realm of corporations, sometimes it is a bit tricky to figure out who the client is - and who holds the attorney client privilege. Fortunately for corporate counsel, the 9th U.S. Circuit Court of Appeals has just made that analysis much clearer. In U.S. v Graf, 2010 DJDAR 10510, Judge Richard C. Tallman affirmed a ruling made by Judge Margaret Morrow of the Central District that the corporate attorney-client privilege extends to outside consultants who are "functional emplo...

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