The German Federal Constitutional Court upholds limitations to the prohibition of seizure of evidence at law firms (Volkswagen)

The protection from seizure by law enforcement, which the client-attorney privilege affords to the findings gathered by lawyers who are commissioned with internal investigations at businesses, has narrow limits. The affiliate of a law firm's client has been denied protection from seizure by the German Federal Constitutional Court (Bundesverfassungsgericht), highlighting the crucial role played by the actual existence of a client-attorney relationship. [1] This adds merit to the coalition government's declared intention to create special rules for internal investigations. The facts of the case In September 2015, Volkswagen AG had asked a U.S.-based law firm to conduct internal investigations, to provide legal advice, and to represent them vis-a-vis the U.S. authorities (which had

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

Quotation

Justus Herrlinger, Karl-Jörg Xylander, Alexander Kiefner, The German Federal Constitutional Court upholds limitations to the prohibition of seizure of evidence at law firms (Volkswagen), 27 June 2018, e-Competitions Bulletin June 2018, Art. N° 89988

Visites 38

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues