The Attorney-Client Privilege and whether Certain Intra-Company Communications are Privileged under Indian laws

12
May
Thursday
9:00 AM
12
May
Thursday
10:00 AM

USIBC's Legal Services Committee

is pleased to host a

Conference Call
 

The Attorney-Client Privilege and Whether Certain Intra-Company Communications are Privileged under Indian laws"

May 12, 2016
9:00am - 10:00am EST (6:30pm - 7:30pm IST)

Please Click Here to Register


Please join Manish Mehta from Sheppard Mullin and Harsh Pais and Shankh Sengupta from Trilegal to discuss the attorney-client privilege and whether the following intra-company communications are privileged under Indian laws. Topics that will be discussed include:

(i) communications involving in-house legal personnel who are non-lawyers (do not have a JD equivalent), and (ii) communications involving in-house counsel (someone who has a JD equivalent).  

Recent U.S. judicial cases suggests that these types of communications are not privileged and the only way to protect communications under the attorney-client communication is to involve external legal counsel. 

These rules are not completely aligned with U.S. law and the current standards with most Indian companies.  With respect to the latter, many Indian companies engage in legal analysis without the assistance of external lawyers, which means that they are not privileged and subject to discovery.  This could lead to significant ramifications during litigation because US courts typically will follow the privilege laws of the jurisdiction in which the purported privileged communications occurred.

For any further questions, please contact Amy Hariani, Director & Legal Policy Counsel at ahariani@usibc.com