In‐house counsel claims against a corporate employer and access to privileged corporate communications: An analysis and a proposal

Abstract

Purpose

The purpose of this paper is to evaluate in‐house counsel's dual role in the context of a wrongful discharge claim against his corporate employer and its effect on privileged corporate communications.

Design/methodology/approach

The paper takes the form of legal research and analysis.

Findings

A multipart factors test is proposed focusing on three areas: first, rationale for discharge; second, in‐house counsel's claim; and third, risks to privileged corporate information.

Originality/value

The paper creates new means to evaluate corporate privilege and in‐house counsel access.

Citation

Gergacz, J.W. (2013), "In‐house counsel claims against a corporate employer and access to privileged corporate communications: An analysis and a proposal", Journal of Financial Crime, Vol. 20 No. 3, pp. 272-286. https://doi.org/10.1108/JFC-03-2013-0021