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0 tracked cards Civil Procedure

In a federal securities suit, corporate counsel interviewed lower-level accounting employees after management discovered possible revenue-recognition errors. Counsel told the employees the interviews were confidential and were being conducted so counsel could give legal advice to the company. The plaintiff seeks both the interview memoranda and the facts known by the employees about the accounting entries.
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The privilege belongs only to the individual employee who spoke with counsel, so the corporation cannot assert it. All communications between corporate counsel and any employee are automatically privileged, no matter their purpose or confidentiality. The privilege protects only communications with officers and directors, not lower-level employees. The privilege protects confidential communications between corporate counsel and employees made for legal advice within the scope of the employees' duties, but it does not protect the underlying facts known by the employees.

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