Perspective
Sep. 25, 2010
Exposed: Communications Between In-House Counsel and Company
Affirmative steps companies should take to preserve the confidentiality of legal advice, by David H. Evans, Christopher Cusmano and Richard Oliver of Chadbourne & Parke.
In a Sept. 14, 2010 decision, the Court of Justice of the European Union reaffirmed that for the purposes of a European Commission competition investigation, legal professional privilege does not extend to communications between a company and its in-house counsel. The Court held that because in-house counsel are fundamentally different from external lawyers, and are not sufficiently independent in ...
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