ECJ Ruling Expands Legal Professional Privilege

A recent ruling in the European Union’s highest court clarified that, outside of exceptional circumstances, individuals who consult an attorney can reasonably expect that their communications will be kept private and confidential. However, these expanded protections do not appear to extend to in-house counsel. The Cybersecurity Law Report spoke with Jindrich Kloub, a partner at Wilson Sonsini, Chris Warren-Smith, a partner at Morgan Lewis, and Cormac O’Daly, a partner at Wilmer Hale, about the practical implications of the ruling and how companies can best manage privilege expectations and protections. See our two-part series on in-house counsel and privilege: “Importance of Discerning Their Client and Managing Evolving Attorney-Client Privilege Issues” (Aug. 3, 2022); and “Tips for Navigating Typical Ethical Dilemmas and Conflicts of Interest” (Aug. 10, 2022).

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