Corporate Attorney-Client Privilege Protection for Employee Communications Under State Law (Subject Matter or Control Group Test): Overview | Practical Law

Corporate Attorney-Client Privilege Protection for Employee Communications Under State Law (Subject Matter or Control Group Test): Overview | Practical Law

A Practice Note explaining the tests state courts (and federal courts when applying state law) use to determine the applicability of an organization's attorney-client privilege claim over its employees' communications with company counsel. Specifically, this Note discusses the subject matter test, including the US Supreme Court's Upjohn test, and the control group test.

Corporate Attorney-Client Privilege Protection for Employee Communications Under State Law (Subject Matter or Control Group Test): Overview

by Practical Law Litigation and Practical Law Securities Litigation & White Collar Crime
Maintained • USA (National/Federal)
A Practice Note explaining the tests state courts (and federal courts when applying state law) use to determine the applicability of an organization's attorney-client privilege claim over its employees' communications with company counsel. Specifically, this Note discusses the subject matter test, including the US Supreme Court's Upjohn test, and the control group test.