November 11, 2010
In the "GC Agenda" section of Practical Law The Journal, partner Sarah L. Reid discussed Akzo Nobel Chemicals Ltd. v. Commission, a case recently decided by the European Court of Justice. The court held the attorney-client privilege does not extend to communications between a company employee and the company's in-house counsel during a European Commission antitrust investigation. Ms. Reid recommended that corporations involve independent outside lawyers in matters that could become the subject of Commission investigations. She explained failure to ensure privilege protection could make the in-house counsel's communications vulnerable with the Commission and subject to discovery in other litigation.