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Privileged Information is Not Privileged from Whistleblowers
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November 5, 2009
Previously published on November 2009
Do you think your company's communications with in-house counsel are privileged? Think again. In some cases, whatever you say to your in-house counsel could be used against you. Jack R.T. Jordan, a former in-house lawyer for Sprint Nextel Corporation ("Sprint"), alleged that Sprint denied him a raise and promotion in retaliation for him opposing Sprint's questionable business practices, which Jordan says included filing false reports with the Securities and Exchange Commission ("SEC"). On September 30, 2009, in response to Jordan's request to use attorney-client privileged information to prove his whistleblower retaliation claim, the Labor Department's Administrative Review Board ("ARB") held that he could use privileged information to support his retaliatory discharge claim under the Sarbanes-Oxley Act ("SOX").
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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