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Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that for decades, corporate counsel interviewing employees in the context of internal investigations typically advised the employees that the attorney represents the corporation, not the employee; any information imparted to the attorney is privileged, but the privilege is held by the corporation, not the employee; and the corporation, not the employee, determines whether to waive the privilege and share any information imparted by the employee with third parties. Two recent federal cases demonstrate that corporate counsel may need to expand the way they think about the delivery and purpose of these warnings.
May 05, 2009 at 12:00 AM
1 minute read
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