When a corporation sues one of its own former officers, it cannot assert the attorney-client privilege to withhold documents that the former officer could have seen at any time during his employment, a federal judge has ruled.
“An officer and director of a corporation fits squarely within the class of persons who can receive communications and work product from the corporation’s legal counsel without adversely impacting the privileged or confidential nature of such material,” Senior U.S. District Judge Clifford Scott Green wrote in Carnegie Hill Financial Inc. v. Krieger.
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