26.16 - C. The Attorney-Client Privilege And The Upjohn Decision

JurisdictionNew York

C. The Attorney-Client Privilege and the Upjohn Decision

The question of how the privilege applies in the corporate context is a complicated one in large part because the unique nature of the corporation. As the Supreme Court acknowledged, “the client is a corporation” but the corporation “is an artificial creature of the law, and not an individual.”3767 As previously noted, the corporation acts through senior management. These complications have led to a divergence of views about how the privilege...

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