The attorney-client privilege affects which communications between HR and attorneys as well as executives and counsel are confidential; some communications are, but others are not. The U.S. Supreme Court will clarify when “dual-purpose communications” are shielded from disclosure during litigation.
The Supreme Court “does not often weigh in on the scope of attorney-client privilege,” said Jeffrey Mongiello, an attorney with Epstein Becker Green in Newark, N.J. “So, when the court does speak, it is consequential.”
