Outside Counsel

'Upjohn' Across the Pond: A Muddy View

, New York Law Journal


Daniel A. Cohen and Adam P. Cohen write that the U.S. Supreme Court held that attorney-client privilege covers communications between all employees and the corporation's attorneys. English courts, however, have rejected this central tenet of 'Upjohn'. In both this and other respects, English law has taken a restrictive approach to protecting "internal investigation" documents from disclosure, as a pair of recent decisions of the High Court illustrate.

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