Filing Update: NJ Supreme Court Grants Leave to Appeal Privilege Determinations

On February 6, 2018, the New Jersey Supreme Court granted a motion for leave to appeal and remanded to the Appellate Division to hear the appeal on the merits, in a case in which ACC filed amicus urging immediate review … Continue reading

ACC Argues Against the Improper Extension of Privilege Waiver to In-House Post-Complaint Communications and Work Product

In a patent infringement case before the U.S. District Court in Delaware, Johns Hopkins University v. Alcon Laboratories, Inc., Alcon is relying on an opinion of counsel defense, and accordingly has been ordered to produce privileged documents relating to legal advice … Continue reading

ACC Argues the Importance of Immediate Appellate Review of Privilege Determinations in Amicus Filed with Supreme Court of New Jersey

In Sampson v. 3M Company, the Appellate Division of the New Jersey Superior Court denied appellate review of a lower court determination that documents, argued by counsel to be privileged attorney-client communications, be produced. While taking no position on the … Continue reading

FILING UPDATE: Attorney-Client Privilege Rule Supported by ACC Finalized By USPTO

On November 6, 2017, the US Patent and Trade Office issued a finalized rule that extends attorney-client privilege to both domestic and foreign patent agents with regard to proceedings before the Patent Trial and Appeal Board (PTAB). The rule more … Continue reading

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 Advocates for Stronger Legal Professional Privilege in European Whistleblower Scenarios

In late May, ACC offered comments in response to the European Commission’s public consultation on whistleblower protection. ACC encouraged the Commission to consider the important roles corporate compliance systems and in-house counsel play in creating environments that encourage employees to … 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 Supports U.S. Supreme Court Review Of New York’s Physical Office Requirement For Attorneys

ACC filed an amicus brief with the United States Supreme Court in Ekaterina Schoenefeld v. Eric T. Schneiderman, et al. on January 19, supporting a petition to review the constitutionality of a New York law requiring nonresident New York-licensed attorneys … 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