Resource Library

A Third Circuit opinion concerning the proper operation of a corporate family's centralized in-house legal department, and delving into a variety of concepts related to the co-client (or joint-client) privilege, its exceptions, its scope, and a lawyer's ethical obligation. The Court explores the co-client (or joint-client) privilege, which applies when multiple clients hire the same counsel to represent them on a matter of common interest, and the community-of-interest (or common-interest) privilege, which comes into play when clients with separate attorneys share otherwise privileged information in order to coordinate their legal activities, as well as the adverse-litigation exception.

The government indicted two executives for alleged criminal activities related to their employment. The company's bylaws provide for both advancement of fees and indemnification of these executives. The government successfully argued to the lower court that the executives' should be prevented from receiving reimbursements under the indemnification policies. Indemnification policies serve important public and internal corporate purposes in attracting responsible executives.

ACC letter to Attorney General Alberto Gonzales regarding changes in attorney-client privilege and work product policy.

Employment and Labor Committee's Comments regarding the OFCCP's Proposed Systemic Compensation Discrimination and Self Evaluation Guidelines.

The Policy-Making Process: Role and Responsibility of ACC's Board of Directors, National Committees, Chapters and Staff

The inquiry asks whether an employer’s request that its in-house counsel execute restrictive covenants as a term and condition of employment violates the Rules of Professional Conduct.

This brief filed by Washington Legal Foundation (WLF) and the US Chamber focuses on issues that create additional personal liabilities for in-house counsel and defense counsel in general; the zealous representation, level of communication and overall relationship of in-house counsel and their clients; and Document retention policies and the resulting liabilities for those who administer them.

Access to confidential information

A brief addressing the issue of whether in-house attorney costs are reimbursable as attorney's fees in bid protests.

A letter from ACC to the Illinois Bar advocating the adoption of ABA Model Rule 5.5 - regarding multi-jurisdiction practices - and discussing related issues