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Upjohn Co. v. United States
''Upjohn Co. v. United States'', 449 U.S. 383 (1981), was a Supreme Court case in which the Court held that a company could invoke the attorney–client privilege to protect communications made between company lawyers and non-management employees. In doing so, the Court rejected the narrower control group test that had previously governed many organizational attorney–client privilege issues. Under the control group test, only employees who exercised direct control over the managerial decisions of the company were eligible to have their communications with corporate lawyers protected. The case also expanded the scope of the work-product doctrine.
While the ''Upjohn'' decision did not explicitly mention a warning procedure, the case gave rise to a procedure called an "''Upjohn'' warning," in which a company's lawyer explains that the lawyer represents the company and not the individual employee with whom the lawyer is dealing. This is intended to ensure that the employee understands that the company can waive the attorney-client privilege at any time and disclose the contents of the conversation between the lawyer and the employee, even if the employee objects. In subsequent cases, failure to give an ''Upjohn'' warning has led to the employee being able to claim privilege over communications with company lawyers.
==Background, procedural posture and issues==
The case was taken by the Court on appeal from the United States Court of Appeals for the Sixth Circuit, which had held that the attorney–client privilege did not apply to communication between Upjohn's middle management officials and the company's attorneys. The Sixth Circuit had also ruled that the work-product doctrine did not apply to the tax summons the company had received as a result of some of its unlawful business practices.〔(【引用サイトリンク】url=http://openjurist.org/600/f2d/1223/united-states-irs-v-upjohn-company )〕
Prior to the decision, a circuit split existed on the issue of attorney-client privilege in corporate representations. The dominant view was the "control group" test, under which privilege between an attorney and a corporation only extended to communications with decision-makers (i.e. senior executives) of the company, the rationale being that (1) only those individuals could cause the company to act on the lawyer's advice; (2) an expansive privilege would make it easy for corporations to shield themselves from discovery; and (3) a bright line between privileged and non-privileged communication would allow corporations and judges to easily determine who could and could not exercise privilege. This view was followed consistently by the federal courts until 1970, when the United States Court of Appeals for the Seventh Circuit adopted a "subject matter" test under which other employees' communications with company lawyers could be subject to privilege, if made in relation to their employment and at the direction of superiors. Some other federal courts adopted this view during the 1970s, with some maintaining the control group test and others adopting a hybrid of the two.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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