In-House Counsel

GC’s Inactive Status Doesn’t Nix Attorney-Client Privilege, Judge Says

Gucci America may assert attorney-client privilege for communications with a top in-house lawyer who had taken inactive status, a federal judge had ruled.

U.S. District Judge Shira Scheindlin of Manhattan said Gucci was entitled to assert the privilege based on its reasonable belief that Jonathan Moss was in fact a lawyer, the New York Law Journal reports. “To require businesses to continually check whether their in-house counsel have maintained active membership in bar associations before confiding in them simply does not make sense,” she wrote (document posted by

Scheindlin set aside a magistrate’s finding that Gucci’s documents were not protected from disclosure in a trademark infringement suit it has filed against Guess.

We welcome your comments, but please adhere to our comment policy and the ABA Code of Conduct.

Commenting is not available in this channel entry.