Evidence-Wellborn SU2006 Outline

Telephone operator testified that contrary to company

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Unformatted text preview: on of these "questionable" payments. As part of the investigation the attorneys sent out a survey to the people who aren't top management and they gather this information...two questions: Is it attorney client privilege and or is it work-product protected? Securities Exchange Commission issued a summons demanding production of the questionnaires. Procedural Posture: Company declined to produce the questionnaires asserting the attorney-client privilege. Issue: Does the attorney-client privilege apply even though the employees filling out the questionnaire are not part of the company's "control group?" Holding: The communications by Upjohn employees to counsel are covered by the attorney-client privilege: "The communications concerned matters within the scope of the employee's corporate duties, and the employees themselves were sufficiently aware that they were being questioned in order that the corporation could obtain legal advice." Notes: Control Group approach fo...
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