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European Court of Justice confirms that in-house legal advice is not protected by legal privilege
  • Mayer Brown
  • European Union
  • September 15 2010

On 14 September 2010, the European Court of Justice rejected a bid to change the legal status of advice given by in-house counsel, confirming its 1982 decision in the AM&S case, that legal privilege should extend only to advice provided by external lawyers who are qualified in one of the EU Member States.

Court of Justice hears key case on privilege in EU competition law cases
  • Mayer Brown
  • European Union
  • February 26 2010

The rules on legal professional privilege ("LPP") in EU competition law cases will be debated before the Court of Justice on 9 February, providing another opportunity for the status of communications with in-house lawyers to be brought into line with the status of communications with external counsel.