Thanks to multiple means of electronic communication that are available these days, employees communicate with each other more quickly and easily—and as a result, more frequently—than ever before. Email and other electronic messaging create efficiencies. They also present unique challenges for attorney-client communications because such means of communication provide non-attorney employees with an opportunity to discuss legal matters with little to no oversight from counsel.

At first blush, such intra-corporate communications would appear to fall outside the protection of the attorney-client privilege because they are not attorney-client communications. But federal courts grappling with this issue have paradoxically extended the attorney-client privilege to employee-to-employee communications in limited circumstances. This article explores those cases and suggests best practices for companies to follow to protect communications between employees regarding legal matters from compelled disclosure.