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Applying Attorney-Client Privilege Beyond the United States
The attorney-client privilege and work product immunity protect a bevy of communications between and among lawyers and clients. How do these doctrines apply when dealing with foreign attorneys and foreign patent agents? The recent decision in Astra Aktiebolag v. Andrx Pharmaceuticals, 208 F.R.D. 92 (S.D.N.Y. 2002), illustrates the complexities of a privilege analysis when communications take place on a global scale. In this case, defendant, Andrx, challenged claims of attorney-client privilege and work product immunity asserted by plaintiff Astra. The disputed documents fell into three categories.
The first category of documents was communications between Astra and the company's outside German counsel. The communications pertained to interpretations of German law and were often written from Astra's offices in Sweden.
The second category of documents involved communications between Astra and its Korean outside counsel pertaining to proceedings in the Korean courts against a third party. The communications often were written from Astra's offices in Sweden.
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