Employers Await High Court Clarity on Attorney-Client Privilege

The US Supreme Court’s upcoming look at whether attorney-client privilege extends to business-related communications has particular implications for employers and their counsel, who routinely exchange information that blends legal and business advice.

The justices last month agreed to take up In re Grand Jury to clarify the standards that federal courts should use to determine what types of information exchanged between a lawyer and a client is privileged and thus protected from disclosure during litigation.

In the case, the US Court of Appeals for the Ninth Circuit ruled in 2021 that a law firm must turn over requested tax-related records ...