Akzo Nobel Chemicals Ltd., et al. v. Commission

Case Updates

NCLC sought permission to file an amicus brief in an appeal before the European Court of Justice that will determine whether European Union laws protect the confidentiality of communications with corporate counsel. The lower court rejected a claim that certain seized documents containing communications between management and in-house counsel are protected by attorney-client privilege. NCLC argued that if the European Union fails to protect in-house counsel attorney-client communications, then those communications could lose confidential status in the United States. NCLC also argued that businesses will be less likely to seek legal advice from in-house counsel if those communications are not protected as confidential. Failure to protect the attorney-client privilege would reduce compliance with the law and hinder the ability of businesses to proactively uncover and remedy wrongdoing.