Corporate Attorney-Client Privilege: Should Illinois abandon the “Control Group” test and adopt the “Subject Matter” test of Upjohn v. US

Saturday, May 4, 2019Allerton Conference, Illinois State Bar Association, Normal, IL

Lewis Rice member David A. Weder presented at the Illinois State Bar Association's (ISBA's) Allerton Conference 2019 on May 4, 2019 in Normal, IL. David spoke on whether Illinois should abandon the “control group” test for determining the scope of corporate attorney-client privilege in favor of the “subject matter” used in federal court and a majority of the states.

The Allerton Conference is an invitation-only retreat that is aimed at providing an opportunity for lawyers, judges, and law professors from throughout Illinois to discuss important issues affecting civil procedure and litigation with the goal of offering suggestions for new Supreme Court Rules, legislation sponsored by the ISBA, and to propose programs to the ISBA Board of Governors.

David Weder's general practice includes premises and products liability, toxic tort litigation, intellectual property licensing, e-commerce, and other transactional and general civil litigation matters. He has been involved with the ISBA for several years in various capacities, and he serves on the council that organizes the Allerton Conference.