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
Key Issue: Attorney Client Privilege
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 Amicus in Second Circuit Against Production of Protected Documents
ACC joined the US Chamber of Commerce and the National Association of Manufacturers in an amicus brief filed in the Second Circuit in Kiobel v. Cravath, Swaine & Moore, LLP. Cravath represented Royal Dutch Shell in a 2002 lawsuit brought … 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 Amicus Opposes Lawyers Invoking Privilege Against Their Own Clients
In a malpractice action in New York State court, the plaintiff is seeking to obtain communications between his lawyer and the in-house general counsel at the lawyer’s firm concerning ethical issues relating to the client’s representation. The trial court held … 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
