Overview

The recent European Court of Justice (ECJ) decision in the Akzo case has sparked renewed interest in legal professional privilege issues.

The judgment has not altered the legal position in respect of privilege in the context of EU competition law investigations. Privilege continues to be denied for communications between in-house lawyers and their clients.

There are nonetheless a number of practical steps that can be taken in order to maximise any protection that is available. Herbert Smith sets out those steps in this briefing, which also includes a ‘Dos and Don'ts to try and maintain privilege’ section of practical actions to complete or avoid.