Attorney-Corporate Client Privilege examines how the attorney-client privilege and the work product doctrine apply to corporations. Guidance is provided for structuring corporate communications so they remain protected in the event of litigation against your client.
Or, if your client is bringing the action, you’ll see how to overcome an assertion of privilege and obtain the information you want from the defendant corporation.
Included within the text:
- A two-step process for establishing that certain corporate communications are privileged.
- Analyses of who has, controls, and may assert the corporate privilege, as well as when a communicating executive may, in addition, claim a personal privilege.
- An examination of the greater scrutiny for corporate communications with in-house counsel versus those with outside counsel.
- Ways to distinguish a corporation’s business communications from those that are privileged.
- Sections that examine unique privilege or work product issues for insurance companies, tax matters, and patent practice.
Also includes full chapter commentaries devoted to:
- The Crime-Fraud Exception, including suggestions on how to assess a wrongful corporate intent.
- Waiver of the Privilege, including the risk arising from intra-corporate circulation of privileged materials and the disclosure of privileged communications to the government.
- The Garner exception, or how intra-corporate disputes can affect the corporate privilege.
- The Work Product Doctrine as applied in a corporate setting, including a corporate focus for “anticipation of litigation.”