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Bloomfield Addresses GC Privilege Obstacle

August 2014

Charlotte Litigation Member Neil Bloomfield was quoted in Law360’s article “Schlumberger IP Fight Highlights GC Privilege Obstacle,” which published on August 5.  The article examines mistakes and dangers that threaten attorney-client privilege between general counsel and their corporate employer/client.  The topic stems from a Texas judge’s ruling in a trade secrets suit brought by Schlumberger Ltd., that an executive of Acacia Research Group cannot assert attorney-client privilege to shield conversations she had with the company merely because she is a lawyer. 

“'People who are not lawyers assume that every communication with an attorney is privileged because they don’t understand how the privilege works,’” Bloomfield told Law360.  “‘This issue arises more than people think… There is a general assumption that putting an attorney on a document or including them in discussions automatically cloaks a communication in privilege no matter what is discussed.’”