Employment-related lawsuits and investigations of alleged employee misconduct frequently involve employees or witnesses located overseas. A U.S.-based human resources representative who consults with in-house or outside counsel located overseas might logically expect that the conversation will be privileged, as may normally be expected in the U.S.
Often, though, the privileged nature of these communications may not be assumed. Indeed, basic assumptions that govern the application of the privilege in the U.S.—for example, that communications with in-house counsel may be shielded—may not be accepted in a foreign jurisdiction.
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