The Promiscuous Use of Email Creates Cross-Border Nightmares
While email certainly has created problems for privilege claims for
in-house counsel communications in the United States, it creates additional
complexities when dealing with cross-border privilege claims. Kimberly
Newman <http://www.linkedin.com/pub/kimberly-newman/68/611/18b>, Walmart’s
associate general counsel for e-discovery, based in Arkansas, noted that
privilege protections vary from country to country, particularly for
in-house counsel. While the U.S. has a strong tradition of privilege for
corporate lawyers, many countries offer little to no protection for their
internal corporate communications. By way of example, Williams noted that
France does not provide a privilege for such discussions
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Use of Email Creates Cross-Border
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