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In a recent case, a federal judge in New York has allowed a class action to proceed for thousands of employees who allege that they were misclassified as exempt by an accounting firm
Counsel conducting an internal investigation immediately face two related and important tasks: identifying the "client" group whose communications with counsel are within the attorney-client privilege exclusively held by the corporation and avoiding, through corporate Miranda warnings and other techniques, a subsequent claim by any of the interviewee-employees that they jointly hold the privilege because counsel represented them personally at the same time as representing the corporation
In Bimbo Bakeries USA, Inc v Botticella, the US Court of Appeals for the Third Circuit affirmed the decision of the lower court to enjoin a top-level executive at Bimbo Bakeries from commencing employment with its competitor Hostess, Inc
