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Court Oks Privilege For Non-Attorney Emails

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November 17, 2017

A recent opinion from the Northern District of Illinois sided with defendant Experian, in a case where a plaintiff wanted to see email exchanges involving Experian non-attorney employees. The question in this matter devolved, in part, to whether or not Upjohn (the 1981 Supreme Court decision, Upjohn Co. v. United States) supported Experian’s contention that privilege should attach to communications among non-attorney employees who are facilitating an investigation at the direction of an attorney. The court said that it did, noting in its opinion that the challenged documents relate to an investigation “launched and conducted at the request of the Legal Department and for the Legal Department” and/or pertain to “communications used to facilitate the provision of legal advice and/or services.”

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