United States:
General Counsel's Growing Prominence May Prompt Privilege Problems
07 October 2016
McDermott Will & Emery
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The CLS [Columbia Law School] Blue Sky
Blog
Summary
Michael Peregrine and William
Schuman wrote this bylined article on how the emerging
best practice of granting general counsel greater organizational
prominence can have the unintended consequence of weakening
attorney-client privilege for the GC's advice to management.
"The burden of proof is placed on the party claiming the
privilege, and courts often apply heightened scrutiny to
communications to and from in-house counsel," the authors
wrote.
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