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The Champion

November 2007 , Page 52 

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White-Collar Crime

By Kathryn Keneally

Read more 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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