Litigation » Make Sure Employees On The Stand Understand Privilege

Make Sure Employees On The Stand Understand Privilege

July 22, 2019

Line icon girl listens to sounds

In a Fair Credit Reporting Act (FCRA) class action targeting 7-11, the plaintiffs wanted to see a slew of emails involving a company HR rep, the company’s in-house attorneys, and its outside law firm. The emails pertained to various drafts and revisions of a FCRA notice that finally became part of the company’s employment application and the major bone of contention in the class action. The plaintiff wanted to see those emails, maintaining they were part of a business discussion and not legal advice. Todd Presnell, in his privilege blog, takes a close look at the testimony of the 7-11 HR employee and finds a textbook case of how it should be done right: no hesitation, no equivocation. The lesson for attorneys, he says, “is that companies must have their non-lawyer employees ready to answer the ‘legal advice’ vs. ‘business advice’ questions.”

Read full article at:

Get our free daily newsletter

Subscribe for the latest news and business legal developments.

Scroll to Top