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By Kathryn Keneally
White-Collar Crime columns.
Important Lessons in the Attorney-Client Privilege For Corporate Counsel
There is a well-reported, nobly fought battle going on to safeguard the
attorney-client privilege and work product immunity from further
erosion, and to undo some of the damage done by the government over the
last many years. As the fight continues, a recent case has provided
much-needed guidance and support for these protections.
The recent Third Circuit opinion in Teleglobe Communications Corp. v. BCE Inc.1
is a virtual mini-treatise on the attorney-client privilege in
corporate settings. The decision sets out essential principles for
criminal defense counsel involved in internal corporate investigations,
as well as those in multiple defendant matters.
The opinion provides a clear analysis of the common-interest privilege,
and the application of the privilege when more than one party shares
legal representation. The court in particular notes that “in-house
counsel are crucial” to the moder
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