Is counsel for a corporation’s adversary in litigation permitted to contact the corporation’s former employees about matters within the scope of their employment without notifying corporate counsel first? Without obtaining a subpoena? Without affording the corporation’s lawyers the right to participate in the conversation?

Many litigators assume the answer to these questions is “no,” but the New York Court of Appeals recently answered with an emphatic, albeit qualified, “yes.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]