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Control-Group Test

Control-Group Test

Definition

A test used to determine whether the attorney-client privilege protects communications made by corporate employees. Under the test, a communication only comes within the corporation’s attorney-client privilege if the employee communicating with the lawyer is a member of the corporate decision-making group that has the authority to direct the corporation’s actions in response to legal advice. The Supreme Court rejected the control-group test in Upjohn Co. v. United States, 449 U.S. 383 (1981).

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