Attorney-Client Privilege for the Employment Lawyer: Practical Solutions for In-House and Outside Counsel
• Entity attorney-client privilege
• In-house counsel and the business/legal divide
• Joint defense/common interest vs. joint representation
• Investigations and waiver
• Considerations related to mediation, including:
◦ Confidential disclosures to the mediator
◦ “Confidential” disclosures to the other side
◦ Direct or indirect negotiations of attorney fees in the course of settlement