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A comment on Employee sues Google for 'illegal' confidentiality policies. Parent comment

Re:Employee sues Google for 'illegal' confidentiality policies by smallnamespace on Wednesday December 21, 2016 @02:07AM (#13227344)
Which can be argued against since you're not actually the attorney's client at the time of writing the e-mail, only the corporation is [1]. 'Some courts employ the Control Group Test whereby protection is available only to the corporation's controlling executives and managers.'

Doesn't seem like a risk a competent retained counsel would want to take, in any case.

[1] http://www.acc.com/legalresources/quickcounsel/acpfihc.cfm

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Re:Employee sues Google for 'illegal' confidentiality policies by hedora on Wednesday December 21, 2016 @02:50AM (#13227515)
According to the link, the control group test is diminishing in use, and if the employee has significant influence over the subject of the question (as a whistleblower or member of the team in question would), then they are in the control group.

The only way to really get screwed over by these tests would be to instate a "no emailing the lawyers about corporate wrongdoing" policy (causing your employees to fail all three tests in the link).

Of course, the lawsuit alleges that Google did exactly that. I wonder if the courts will (imho correctly) strip a large percentage of their internal legal communications of attorney/client privilege.

Time to grab the popcorn.

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