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Corporate counsel asks a plant technician to describe a machine failure so counsel can advise the company about legal exposure. The technician sends counsel a confidential memo describing what happened. A plaintiff seeks the memo and argues that the technician was not an officer.
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The employee communication can be privileged if made at counsel's direction so counsel could obtain facts needed to provide legal advice to the corporation. The employee communication is privileged only if the employee personally hired the lawyer. The employee communication is privileged only if it was copied to every board member. The employee communication is not privileged because corporations cannot hold privileges.

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