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ECJ rejects in-house legal privilege plea

first_imgThe ECJ handed down the judgement yesterday morning after a lengthy battle, which called into question whether Europe’s in-house lawyers should receive privilege rights during investigations by competition officials.The legal privilege rule protects any communication between a lawyer and a client, making it confidential and out of reach from third parties. In-house lawyers working in the UK and US currently receive protection from the legal privilege rule.But companies in Europe will have to be cautious when corresponding with in-house legal teams as any communication can be confiscated and used during a probe.The dispute itself stems from a 2003 raid on Akzo Nobel by EU officials, which took documents that thecompany argued were confidential communications between employees and in-house council.Members from the legal and business communities lashed out at yesterday’s decision by the ECJ. “The ECJ’s decision today represents a real missed opportunity to modernise EU rules on legal privilege,” said Dave Anderson, a lawyer with Berwin Leighton Paisner.“Companies need to be able to confer frankly and confidentially with their in-house lawyers on antitrust matters. The current rules, confirmed today by the ECJ’s decision, hinder that severely by making such internal communications vulnerable to discovery in EU antitrust dawn raids,” said Anderson.Matthew Fell, CBI director for competitive markets, said: “We are very disappointed that the court has not taken the opportunity to bring the case law up to date.” whatsapp Tuesday 14 September 2010 8:35 pm ECJ rejects in-house legal privilege plea Show Comments ▼ EUROPE’S legal community was disappointed yesterday after the European Court of Justice (ECJ) refused to grant privilege protection to in-house lawyers practising on the continent.center_img whatsapp Share KCS-content More From Our Partners Feds seized 18 devices from Rudy Giuliani and his employees in April raidnypost.comPolice Capture Elusive Tiger Poacher After 20 Years of Pursuing the Huntergoodnewsnetwork.orgKiller drone ‘hunted down a human target’ without being told tonypost.comA ProPublica investigation has caused outrage in the U.S. this weekvaluewalk.comNative American Tribe Gets Back Sacred Island Taken 160 Years Agogoodnewsnetwork.orgRussell Wilson, AOC among many voicing support for Naomi Osakacbsnews.comBrave 7-Year-old Boy Swims an Hour to Rescue His Dad and Little Sistergoodnewsnetwork.orgMark Eaton, former NBA All-Star, dead at 64nypost.comAstounding Fossil Discovery in California After Man Looks Closelygoodnewsnetwork.orgBill Gates reportedly hoped Jeffrey Epstein would help him win a Nobelnypost.comWhy people are finding dryer sheets in their mailboxesnypost.comInside Ashton Kutcher and Mila Kunis’ not-so-average farmhouse estatenypost.comSupermodel Anne Vyalitsyna claims income drop, pushes for child supportnypost.comI blew off Adam Sandler 22 years ago — and it’s my biggest regretnypost.comFlorida woman allegedly crashes children’s birthday party, rapes teennypost.com980-foot skyscraper sways in China, prompting panic and evacuationsnypost.comBiden received funds from top Russia lobbyist before Nord Stream 2 giveawaynypost.comUK teen died on school trip after teachers allegedly refused her Tags: NULLlast_img read more