EU High Court May Narrow Privilege For Cartel Probes

Law360, New York (April 29, 2010, 5:49 PM EDT) -- Legal professional privilege should not cover communications between a company and its in-house counsel during the European Commission's cartel investigations, an adviser to the European Union's highest court said Thursday.

Advocate General Juliane Kokott urged the European Court of Justice to rule that even if in-house attorneys are members of a bar or legal society, their communications with others in their company should not receive attorney-client privilege.

Kokott suggested that the ECJ dismiss Akzo Nobel Chemicals Ltd. and Akcros Chemicals Ltd.'s appeal and uphold a lower...
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