Upjohn’s Importance

Upjohn warning comes from a Supreme Court decision holding that privilege in conversations with corporate counsel is owned by the company, not individual employees.

See the full circuit update, "CEO Failed to Prove Attorney-Client Privilege, Court Finds."

The Upjohn warning is derived from the 1981 Supreme Court case Upjohn Co. v. United States, in which the high court decided that although communications between corporate counsel and employees may be privileged, that privilege is owned by the company, not the individuals.

Contributing Author

Juliette Fairley

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