ACC supported a proposed bill that would permit in-house counsel from other jurisdictions to work for their client-employers. The summary of the pending bill correctly states that “[t]he ability of companies to freely move with in-house counsel is a necessity … Continue reading
Author: Tia Pitt
ACC Seeks to Protect Attorney-Client Privilege After the Dissolution of a Corporation
The Pennsylvania Superior Court should reverse the lower court. In the 1998 decision of Swidler & Berlin v. United States, the U.S. Supreme Court held that the attorney-client privilege continues after the death of an individual client, and that a … Continue reading
ACC Files Amicus Brief Seeking to Overturn Lower Court’s Decision in Schaeffler v. United States, No. 14-1965-CV
The Second Circuit should reverse the lower court because the legal analysis constituted core opinion work product and because the banks had a common interest in the matter because they had indemnified the corporate client and had settlement and other … Continue reading
KBR Internal Investigation Is Covered by Attorney-Client Privilege, D.C. Circuit Court Agrees
The attorney-client privilege covered the internal investigation because it was conducted for the purpose of obtaining legal advice; the fact that the investigation was undertaken as part of a mandatory regulatory and corporate compliance program, rather than for the sole … Continue reading
Agreeing with ACC, Arizona Legislature Passes Bill to Increase Funding for Court of Appeals
The Arizona Legislature should pass the bill because insufficient funding for the appellate system would interfere with the resolution of business disputes in the state. Please click here to view ACC letter. Background: The proposed budget for fiscal year 2015 … Continue reading
ACC Offers Additional Support for Wisconsin’s In-house Lawyers Providing Pro Bono Services
On behalf of the Association of Corporate Counsel and its Wisconsin Chapter, we write to thank you for the opportunity to discuss our support of the proposed amendment to SCR 10:03(4)(f) at the Board of Bar Examiners Sept. 19, 2014, … Continue reading
ACC Writes Letter Opposing Proposed Advisory Opinion FAO #2014-3, Scharrer v.Fundamental Administrative Services
The proposed opinion fails to give in-house counsel any concrete advice on how to avoid practicing law without authorization. And ambiguity has consequences. The U.S. Supreme Court, discussing another ethics issue, has held that “[a]n uncertain privilege . . . … Continue reading
ACC Supports Changes to Help Companies Hire non-United States In-house Lawyers
On behalf of the Association of Corporate Counsel, we are writing to strongly support the proposal from the North Carolina Bar Association to amend Rule 5.5 of the North Carolina Rules of Professional Conduct, to allow companies to more easily … Continue reading
ACC Opposes Internal Law Firm Attorney-Client Privilege
Lawyers cannot turn around to assert a privilege that exists solely to serve their real clients, in order to interfere with the interests of a real client. In that context, the law firm is not a client and, thus, cannot … Continue reading
ACC Supports Wisconsin In-house Lawyers’ Right to Provide Pro Bono Services
On behalf of the Association of Corporate Counsel, our Wisconsin Chapter, as well as the chief legal officers whose names appear in the comment letter below, wrote in strong support of the proposal to amend Wisconsin Supreme Court Rule 10:03(f). … Continue reading
