In the last 5 years, the EEA has seen a major shift towards extending legal privilege and confidentiality rules to in-house counsel in direct opposition put forth by cases such as Akzo Nobel.
Jean-Philippe Gille, President of the French Association of Company Lawyers (AFJE), gave an overview of the ongoing developments in French, which has been translated here below.
The case concerned an amended Directive that introduced an obligation to report any potentially aggressive tax-planning cross-border tax arrangements to the competent authorities.
On 21 October 2022, the General Council of the Portuguese Bar Association, in conjunction with the IAEA (the Institute of Corporate Lawyers and Associations) and ECLA, held a conference on the Challenges of Corporate Law.
In Switzerland, after years of unsuccessful attempts, there is now a high likelihood that the revision of the upcoming Code of Civil Procedure will include passages on legal professional privilege for company lawyers.
Cross-border legal correspondence between companies and individuals based in the UK and in the EU should understand when LPP applies and what regulates it.
For foreign company lawyers in the Netherlands to enjoy the same rights as Dutch company lawyers, the conditions for guaranteeing independence are identical.
The case at hand concerned an investigation into potential cartel agreements between manufacturers, wholesalers, and major retailers in 2014.
The eight points of recommendation on competition law include a point on legal privilege, an element that ECLA sees as inherent to the functioning of European corporate lawyers.