Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The purpose of the attorney-client privilege is to facilitate open communication between the client and its counsel. It allows for the client to disclose highly confidential facts to counsel and for counsel to provide frank legal advice in confidence. In the corporate context, the “subject matter” test typically renders privileged any communication between an employee acting within the scope of employment and corporate counsel. The alternative “control group” test protects only communications with employees who are in a position to take a substantial part in the client’s decision for which the corporation seeks advice.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2017 ALM Media Properties, LLC. All Rights Reserved.