The Champion

September 2011 , Page 44 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

United States v. Norris - An Attack on the Attorney-Client Privilege?

By Joseph D. Mancano; J. Peter Shindel Jr.

Executives beware. That is the message delivered by the U.S. Court of Appeals for the Third Circuit recently with respect to communications between corporate officers or employees and outside corporate counsel. In rejecting the appeal of Ian P. Norris, former CEO of Morgan Crucible Company plc (Morgan), from his conviction for conspiracy to violate federal witness-tampering laws, the court of appeals summarily rejected Norris’s attorney-client privilege argument. Rather than relying on evidence suggesting that Morgan’s outside counsel individually represented the company’s employees, including Norris, the Third Circuit instead held that the restrictive five-factor test derived from Matter of Bevill, Bresler & Schulman Asset Mgmt. Corp.1 must be satisfied before the attorney-client privilege may be successfully asserted by corporate officers and employees and a company’s outside attorneys. The decision marks a drastic expansion of Bevill, and carries profound implications for individual

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.

In This Section

Advertisement Advertise with Us