Ethics Keyed to Hazard
Upjohn v. United States
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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Counsel for Respondent, Upjohn Corporation, conducted a confidential investigation of the company’s international offices following reports that some foreign managers were making “questionable payments” to various foreign government officials in violation of U.S. law. When the IRS attempted to obtain copies of questionnaires, memoranda, and interview transcripts from Upjohn relating to this investigation, Respondents’ objection on attorney-client and work product grounds was overruled by the Appeals Court, which held that attorney-client privilege did not apply to communications made by employees not in Upjohn’s “control group”; i.e., not responsible for directing the company’s policies.
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