For in-house attorneys and HR officials, there’s a bigger Chipotle story than what a certain presidential candidate ordered in her burrito bowl. Joseph Dier of Bond Schoeneck & King looked at a recent decision from the U.S. District Court for the Southern District of New York that granted the plaintiff’s motion to compel disclosure of a report prepared by a human resources consultant for Chipotle Mexican Grill Inc.
The report examined the classification of certain employees, and the defendant, Chipotle, said the document was privileged because a company attorney retained the consultant. The court disagreed. “In general, the attorney-client privilege—upon which Chipotle was relying—applies to communications between an attorney and his/her client that were intended to be, and were in fact, kept confidential, and were made for the purpose of obtaining or providing legal advice,” says Dier.
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