Remember Who Owns Privilege In Corp. Investigations

Law360, New York (May 20, 2011, 4:03 PM EDT) -- In a case that highlights the significance of clarifying the scope of outside corporate counsel’s representation of individual employees, the Third Circuit — in an unpublished opinion in United States v. Norris[1] — upheld introducing the testimony of former counsel to the Morgan Crucible Company (Morgan or the company) against Morgan’s former CEO, Ian Norris.

This case raises concern about the continued potential for confusion that can arise in conducting corporate investigations, and the need to clearly define the attorney-client relationship and the scope of that...
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