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Will Globalization Be The Death Knell For The Corporate Attorney-Client Privilege In The U.S.? An Opportunity To Re-Examine The Privilege As It Applies To In-House Counsel, Lawton P. Cummings

Lawton P Cummings

Increasingly, enforcement authorities from around the world are engaging in multinational cooperation to investigate and prosecute companies suspected of competition law violations. While corporate investigations have globalized, privilege rules remain localized. While the U.S. recognizes the attorney-client privilege for communications with in-house counsel, several jurisdictions that cooperate with the U.S. in multi-national investigations do not recognize the privilege for such communications. This results in identical evidence receiving un-equal privilege status in parallel proceedings around the globe. Currently, the U.S. is more protective of communications with in-house counsel than many other jurisdictions, disadvantaging U.S. prosecuting authorities as well as civil plaintiffs …