For close to a decade, the Federal Trade Commission has been trying to get its hands on documents from drugmaker Boehringer Ingelheim Pharmaceuticals Inc., resulting in a years-long dispute over what documents and communications are protected when an in-house counsel is involved.
In a June 2 amicus brief filed in the U.S. Court of Appeals for the District of Columbia Circuit in support of Boehringer, the U.S. Chamber of Commerce and the Association of Corporate Counsel (ACC) express concern that the FTC’s approach would “upend settled law and undermine the ability of in-house counsel to function.”
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