Managing Intellectual Property

EU Court rules on legal privilege

03 May 2010

Emma Barraclough, London

In-house lawyers in Europe have suffered a setback after the Court of Justice’s legal adviser recommended that their communications are not afforded legal privilege

On Wednesday Advocate General Juliane Kokott said that legal professional privilege does not apply to communications with in-house lawyers in the same way that it applies to documents and advice provided by independent lawyers.

Jochen Bühling of Krieger Mes & Graf von der Groeben and reporter general for the AIPPI said that if the Court of Justice follows the Advocate General’s Opinion, companies are likely to keep internal legal advice to a minimum and seek more advice from outside counsel. They should also consider whether in-house...



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