The U.S. District Court for the Western District of Texas recently ruled that attorney-client privilege extends to discovery communications between in-house counsel and the management of an indirect subsidiary of the company, according to Todd Presnell in his blog.
In the case, the plaintiff was claiming the company negligently designed a brake system in a workhorse cart, explains Presnell. A fatal accident occurred a decade ago in the United Kingdom with a similar model distributed by an indirect subsidiary of the American company, Textron, now under fire. Textron’s in-house counsel had provided the U.K. company with legal advice during that investigation, and the plaintiff in this case now sought those communications.
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