Is it just me, or does anybody else find it outrageous that European Union (EU) law denies privilege to in-house counsel? It all started back in 1982 with the AM & S case, but since then the European Commission (EC) has continued to doggedly defend this discrimination.

It matters because legal professional privilege in most jurisdictions is an essential part of the framework that allows lawyers to advise their clients without fear of their advice being used against their client.