Legal Privilege in the EU & US: What’s new?

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– Transcript: Available for Concurrences+ subscribers (to be published above soon)
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SYNTHESIS

Jacques Buhart has moderated the discussion. The dialogue covered legal privilege, not only in competition and antitrust matters, but also in cross-border internal corporate investigations and public authorities’ investigations. The purpose of the webinar is to explore recent legal changes in the United States and Europe and discusses a significant European Court of Justice decision from December 2022.

Differences between legal professional privilege (LPP), confidentiality, and professional secrecy

• LPP originates mainly from the common law system and allows certain documents produced by lawyers not to be disclosed during court proceedings especially in case of discovery. LPP belongs to the client.
• Confidentiality (“confidentialité) relates to documents exchanged between members of the bar and their clients and protecting these communications from being disclosed in court.
• Professional secrecy obligates members of the bar to maintain client information strictly confidential. A client cannot release a lawyer from a professional secrecy obligation.