Law Practice,
9th U.S. Circuit Court of Appeals
Jul. 27, 2010
Corporate Counsel Clarity: 9th Circuit Defines the Client
Identifying which client holds attorney-client privilege is tricky in the realm of corporations, but not so anymore.
Timothy D. Reuben
Reuben MediationTim Reuben spent more than 40 years handling complex legal disputes in California's state and federal courts. As the founder and managing partner of Reuben Raucher & Blum in Los Angeles, he has worked on a wide range of matters through jury and bench trials, arbitration, mediation, judicial reference, and settlement conferences across multiple areas of civil law, including commercial, real estate, construction, employment, intellectual property, insurance, professional liability, and unfair competition.
In the realm of corporations, sometimes it is a bit tricky to figure out who the client is - and who holds the attorney client privilege. Fortunately for corporate counsel, the 9th U.S. Circuit Court of Appeals has just made that analysis much clearer. In U.S. v Graf, 2010 DJDAR 10510, Judge Richard C. Tallman affirmed a ruling made by Judge Margaret Morrow of the Central District that the corporate attorney-client privilege extends to outside consultants who are "functional emplo...
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