Todd Presnell Quoted in Bloomberg BNA Regarding Attorney-Client Privilege

Todd Presnell was recently quoted in Bloomberg BNA’s Corporate Counsel Weekly in an article which explores the ramifications of a recent decision in the U.S. District Court for the Eastern District of Pennsylvania. In an employment discrimination case, the court denied the employer Unitek Global Services Inc.’s motion for a protective order. Judge Lawrence F. Stengel held that despite the fact that the plaintiff, Carolyn Casey, led Unitek’s risk management and safety departments, they were separate from the company’s general counsel. The court added that “Unitek points to no evidence that it sought Ms. Casey's legal advice or opinion.”

“The court’s analysis and conclusions should provoke companies to reassess whether it can claim privilege over a litigation manager’s communications,” said Presnell, quoted from his blog, Presnell on Privileges. “If the position is more akin to an insurance claims-adjuster, then it is less likely that a company can successfully invoke the corporate attorney-client privilege.”

Read the complete Bloomberg BNA’s Corporate Counsel Weekly article, “No Attorney-Client Privilege For Risk Management Director.”