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Akzo Nobel case - privilege does not apply to in house lawyers in EU competition law investigations European Court of Justice decision
  • Matheson
  • European Union, Ireland
  • October 11 2010

A recent decision of the European Court of Justice (ECJ) has confirmed that internal communications between in-house lawyers and their fellow company employees are not privileged in relation to European Commission (Commission) competition law cases.

Privilege primer: best practices for internal counsel
  • McMillan LLP
  • Canada
  • August 17 2011

Recent developments in the law of privilege have created issues for internal counsel with respect to three types of legal privilege: solicitor-client privilege, common interest privilege and litigation privilege.

In-house v external lawyers: a level playing field?
  • Reed Smith LLP
  • United Kingdom
  • February 9 2012

The Competition Appeal Tribunal (the "CAT") recently confirmed that an in-house lawyer should only be required to give the same form of undertaking as external counsel and solicitors, despite this being disputed by external lawyers.

Legal professional privilege in-house or external lawyers?
  • AO HALL Advocates
  • United Kingdom, European Union, Guernsey
  • December 9 2010

In this article, we explore the boundaries of legal professional privilege in relation to in-house legal advisers.

Privilege - data protection
  • Shepherd and Wedderburn LLP
  • United Kingdom, European Union
  • December 15 2010

Privilege is an issue which frequently arises in the context of litigation - the question of what can be withheld from disclosure on the basis that it is privileged communications between client and legal adviser - and a recent spate of cases before the UK and European Courts have reconsidered various aspects of the scope of privilege.

Legal professional privilege: Akzo Nobel Chemicals Ltd and Akcros Chemicals Limited v Commission
  • RPC
  • United Kingdom, European Union
  • October 25 2010

This ruling follows Advocate General Kokott's opinion issued on 29 April 2010 at first instance, that in-house lawyers are not protected by legal professional privilege in the EU competition context.

Still no legal privilege for in-house counsel
  • De Brauw Blackstone Westbroek
  • Netherlands, European Union
  • September 14 2010

The European Court of Justice (ECJ) confirmed in today's Akzo ruling that communications between a company and its in-house lawyer are not protected by legal professional privilege ("LPP") in EU competition investigations.

Retaining legal professional privilege following the Akzo judgment
  • Gowling WLG
  • United Kingdom, European Union
  • September 15 2010

On 14 September 2010, the Court of Justice of the European Union (CJEU) gave its much-awaited judgment in Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd v European Commission.

Legal professional privilege - issues for lawyers and clients
  • RPC
  • United Kingdom
  • October 1 2010

Legal professional privilege is a perennial issue for lawyers and their clients.

European Court of Justice rejects attorney-client privilege for in-house counsel
  • Eversheds Sutherland (US) LLP
  • USA
  • September 17 2010

In a much anticipated decision, issued on September 14, 2010, the European Court of Justice reconfirmed that communications with in-house counsel are not privileged under European Union law (E.U.) Case C-55007, Akzo Nobel Chemicals Ltd. & Akros Chemicals Ltd. v. European Commission.