Does the Attorney-Client Privilege Protect Conversations between Client Employees about Seeking Legal Advice?

On April 13th, ACC and its New Jersey Chapter filed an amicus curiae brief in federal court, arguing that, in denying protection to an email between a group of employees about the need to seek legal advice, the district court failed to understand the modern corporate environment, particularly in the global context. In this case, an employee based in India emailed his American colleagues about a disputed contractual provision and asked that the company lawyer take a look. The district court rejected privilege protection, because the Indian employee did not email the lawyer directly. ACC’s amicus brief made clear that requiring direct contact with a lawyer ignores the reality facing corporations with far flung operations and limited legal budgets.

To view the brief please click here.