U.S. Privilege Following Akzo Nobel v. European Commission
Lawyers who have been paying attention to such things might recall the predicted fallout from the decision in Akzo Chemicals Ltd v. European Commission, Case C-550/07-P (September 14, 2010). In Akzo, the ECJ held that internal communications between in-house counsel and their companies’ employees are not privileged in European competition law cases. Applying a 1980’s-era rule reserving attorney-client privilege to communications with outside...