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The John Minor Wisdom courthouse, home of the U.S. Court of Appeals for the Fifth Circuit The John Minor Wisdom courthouse, home of the U.S. Court of Appeals for the Fifth Circuit. Photo: Tim Roller

The U.S. Court of Appeals for the Fifth Circuit found that a licensor did not establish an attorney-client relationship with in-house counsel, and thus could not assert privilege. In affirming summary judgment in an alleged fraud case, the appeals court found that a licensor did not provide enough evidence to show that he had established an attorney-client relationship with two in-house attorneys of a parent company.

The case serves as a reminder that in-house attorneys’ clients are the company itself, and they do not represent individual employees unless otherwise stated, said Michelle Reed, a partner at Akin Gump Strauss Hauer & Feld in Dallas, commenting on the case.

Dan Clark

Dan covers cyber security, legal operations and intellectual property for Corporate Counsel. Follow him on Twitter @Danclarkalm.

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