In the December 2013 edition of AHLA Connections, Tom Zeno and Emily Root analyzed the application of the attorney-client privilege to in house counsel and provided five practice tips to maximize the protection of the privilege for in house counsel.  In the article, Emily and Tom explore often overlooked principles of the privilege and illustrate the principles through specific cases such as Vioxx, Halifax, and Shire Pharmaceutical.  The article compares ways in which courts apply the privilege to outside counsel and in house counsel and discusses the nuances required for in house counsel to maintain attorney-client privilege. Tom and Emily offer guidance on practical steps health care organizations can take to preserve the privilege that will result in increased protection for in house counsel and the company.
For further information on this or other matters, please contact Tom Zeno or Emily Root.