Privilege in the International Corporate Context

Abstract

As corporations become increasing international in the 21st century, in-house counsel located in one country are frequently asked to provide legal advice to employees, executives, and divisions located in different countries. Providing effective legal advice and protecting such advice from disclosure under the attorney-client privilege (or its equivalent) requires an understanding of the differing international legal standards that can apply to questions of privilege. To assist in-house counsel, this article examines the attorney-client privilege and its equivalents in selected North American (the United States and Canada), European (the United Kingdom, Switzerland, the European Union, France, the Netherlands, Ireland, Belgium, and Germany) and Asian / Pacific (India, Singapore, Hong Kong, China, Taiwan, Korea, Japan and Australia) jurisdictions.