Monday, March 14, 2011

Third Circuit Looking at Attorney-Client Privilege Case in a Corporate Setting

Sue Reisinger, Corporate Counsel, has a wonderful article titled, Court to Rule in Case of Imprisoned U.K. Exec That Carries Major Privilege Implications.

This case is another interesting one with a dilemma on whether corporate counsel has in fact represented an individual within the corporation. There are unusual twists to this case, that may exceed the confines of the existing 5-part Bevill standard (805 F.2d 120 (3d Cir. 1986)). Defendant argues that the Bevill standard should not "apply here, as here, both the individual and the corporation have an express attorney-client relationship with counsel." Reply Brief of Ian P. Norris - Download 2011-02-25 Norris Reply Brief  Defendant is represented on appeal by Christopher M. Curran, J. Mark Gidley, Eileen M. Cole, and Claire A. DeLelle of White & Case. This case and others are being watched closely by individuals within corporations and also corporate counsel. Many put the obligation on corporate counsel to clarify who they represent and more importantly, who they do not represent. But should the government also have an obligation here?

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http://lawprofessors.typepad.com/whitecollarcrime_blog/2011/03/third-circuit-looking-at-attorney-client-privilege-case.html

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