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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
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 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
