Where the privilege lies
Businesses conducting operations across the globe have to take great care with the way in which directors and in-house counsel communicate, as the rules governing privilege vary from jurisdiction to jurisdiction, writes Jane Wessel
Every corporation that conducts business across national boundaries must consider carefully how officers and directors of its subsidiaries abroad should communicate with in-house counsel. Beware, those discussions are not necessarily confidential. The legal privilege may not apply, and those communications may not be protected against disclosure to third parties.
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