Lindsey Lee Robin

July 20, 2017 | Corporate Counsel

A critical skill for any corporate counsel is the ability to assess which internal conversations are protected by attorney-client privilege and take steps to ensure that privilege remains unbroken. For decades, courts have used various common law tests to determine whether attorney-client privilege applies to conversations between corporate counsel and a company's former employees, such as the multi-factor analysis established by the Upjohn decision in 1981.

By William R. Jenkins Jr. and Lindsey Lee Robin

11 minute read