California Supreme Court
Sep. 3, 2009
Justices Consider if Guidance Letters Are Privileged
Victor Schachter of Fenwick & West in Mountain View represents the California Employment Law Council. He is urging the California Supreme Court to reverse a lower court’s decision allowing plaintiffs to see portions of guidance memos that corporate attorneys issue to clients.
Daily Journal Staff Writer SAN FRANCISCO - Corporate defense lawyers, up in arms about a court ruling they say destroys attorney-client privilege, are taking their beef to the California Supreme Court today. At issue are investigation letters attorneys routinely write for businesses seeking guidance about the law. The 2nd District Court of Appeal ruled the letters are fair game in litigation as long as any legal advice is extracted....
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