The attorney-client privilege is such a foundation of the American legal system that most counsel take its application for granted. But other countries don’t necessarily share our values. If your clients have offices in Europe, be prepared for that privilege to be tossed out the window.
If the EU Competition Law Commission decides to conduct a “dawn raid” on one of your European offices, they can confiscate and use against the company any information they find. From the in-house counsel’s office they can take anything they like: “privileged and confidential” documents, electronic files, intranet resources, even documents from outside counsel in the United States and elsewhere that express legal opinions.
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