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This summer, French MP Raphaël Gauvain submitted a special report Prime Minister Edouard Philippe of France entitled, with Gallic loquacity, “Restore the sovereignty of France and Europe and protect our companies from laws and measures with extraterritorial scope.” The Association of Corporate Counsel (ACC), a global legal association representing more than 45,000 in-house counsels employed by over 10,000 organizations in 85 countries, has announced its support of the recommendations of that report, specifically as they regard in-house legal professional privilege.
The Report Gauvain recommends the creation of a new status for French inhouse counsel that will put them on the same ethical footing as their outside counsel colleagues. This includes the protection of legal professional privilege. The report argues that French companies are at a deep disadvantage in foreign courts because in-house counsel in the country are not granted legal professional privilege. France is one of the few major economic powers that does not protect the confidentiality of legal advice internal to the company. In extraterritorial legal actions, French companies are therefore forced to reveal their communications with their internal lawyers, while companies from other countries enjoy the right to privilege, the report notes.
The report calls on France to establish effective legal tools, including a guarantee of professional privilege for French inhouse counsel, to level the playing field in extraterritorial legal actions. The report also recommends a number of other measures aimed at insulating French companies from extraterritorial legal actions.
“ACC has always believed that in-house counsel should have the same status as outside counsel when it comes to privilege,” said Mary Blatch, senior director of advocacy at ACC. “The lack of privilege for French in-house counsel is a problem for French and multinational companies alike. We urge Prime Minister Philippe to take the privilege recommendations seriously, and we encourage his government to push for an EU-wide standard of in-house privilege.
The Association of Corporate Counsel (ACC) is a global legal association that promotes the common professional and business interests of in-house counsel who work for corporations, associations and other organisations through information, education, networking, and advocacy. With more than 45,000 members in 85 countries employed by over 10,000 organisations, ACC connects its members to the people and resources necessary for both personal and professional growth. By in-house counsel, for in-house counsel.® For more information, visit www.acc.com and follow ACC on Twitter: @ACCinhouse.
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