ACC Files Letter Supporting Review of Litigation Privilege Issue in the Supreme Court of Canada

ACC and its Canadian chapters sent a letter in support of Suncor Energy Inc.’s leave for appeal to the Supreme Court of Canada to review the Alberta Court of Appeal’s ruling in Alberta v Suncor Energy Inc. The Alberta Court … Continue reading

ACC Files Amicus Supporting Privilege When GC Functions as Both Lawyer and Negotiator

ACC joined the US Chamber of Commerce in an amicus brief filed June 2, arguing against a “new and aggressive theory of attorney-client privilege” advanced by the FTC that would undermine the ability of in-house attorneys to freely communicate legal … Continue reading

ACC Files Letter Urging UK Financial Conduct Authority to Omit Head of Legal Function from Senior Managers Regime

On January 9, 2017, ACC submitted a letter to the United Kingdom Financial Conduct Authority (FCA) in response to regulations including the head of the legal function in the Senior Managers Regime (SMR). ACC argues the effort, aimed increasing accountability … Continue reading

ACC Supports Proposed Rule on Privilege Between Clients and Patent Practitioners at the Patent Trial and Appeal Board

On December 19th, ACC and its Intellectual Property Committee filed comments with the U.S. Patent and Trade Office in support of its proposed rule recognizing privileged communications between clients and patent practitioners at the Patent Trial and Appeal Board (“PTAB”). … Continue reading

ACC Files Amicus in California Supreme Court Against Open-ended Advance Conflict Waivers

ACC filed an amicus brief on December 2, 2016 in Sheppard, Mullin, Richter & Hampton LLP v. J-M Manufacturing Co., Inc., arguing that an open-ended advance conflict waiver the law firm insisted upon was invalid, as it did not comply … Continue reading

Washington Supreme Court Holds Attorney Client Privilege Doesn’t Apply to Former Corporate Employees

In an October 20 ruling of great concern to ACC members, the Supreme Court of Washington State held 5-4 that post-employment communications between corporate counsel and former employees are not shielded by attorney-client privilege, rejecting the flexible approach to protecting … Continue reading

ACC Files Amicus Over Privilege Issues in Paterno v. NCAA

This appeal presents significant questions regarding the ability of organizations – including universities, corporations, non-profit associations, etc. – to conduct internal investigations into alleged employee misconduct. Corporations and other organizations depend on internal investigations to identify and address allegations of … Continue reading

ACC Joins Amicus in DC Circuit Over Privilege Issues in Kellogg, Brown & Root

ACC believes that the rulings below are contrary to the purposes of the attorney-client privilege and threaten to seriously erode the protection of the privilege in internal investigations by companies into alleged employee misconduct. To begin with, the decision below … Continue reading