US Firms Face Ambiguities of Attorney-Client Privilege Law Abroad
Jones Day's experience with German privilege laws after authorities raided its offices over the VW emissions scandal highlights confusing confidentiality protections abroad.
September 01, 2017 at 12:57 PM
25 minute read
For lawyers accustomed to working under U.S. attorney-client privilege, the raid by German prosecutors on Jones Day's Munich offices and the legal battle over whether they can use the seized materials is hard to comprehend.
Hired by Volkswagen AG to oversee an internal investigation into the German carmaker's use of secretive software to cheat emissions tests, Jones Day in March found its local outpost overrun by law enforcement agents, who left with more than 150 lever arch folders and USB sticks full of electronic files relating to the so-called “dieselgate” scandal.
VW called the move a “clear violation of legal principles.” But the status of privilege in Germany is actually anything but clear. In fact, it's a bit of a mess.
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