DECKER, U. S. DISTRICT JUDGE, ET AL.

v.

HARPER & ROW PUBLISHERS, INC., ET AL.

Citator

Cited By (30 total)

• S. Bell Tel. & Tel. Co. v. Deason, 632 So. 2d 1377 (Fla. 1994)
  …we look to the standards suggested by others courts which have addressed the corporate attorney-client privilege. In Harper & Row Publishers, Inc. v. Decker, 423 F. 2d 487 (7th Cir.1970), aff'd per curiam by an equally divided court, 400 U.S. 348, 91 S.Ct. 479, 27 L.Ed.2d 433 (1971), the court articulated the subject matter test to determine the scope of the attorney-client privilege: [*1383] [A]n employee of a corporation, though not a member of its control group, is sufficiently identified with the corp…
• Upjohn Co. v. United States, 449 U.S. 383 (U.S. 1981)
  …aken by others with regard to that conduct. See, e. g., Diversified Industries, Inc. v. Meredith, 572 F. 2d 596, 609 (CA8 1978) (en banc); Harper & Row Publishers, Inc. v. Decker, 423 F. 2d 487, 491-492 (CA7 1970), aff’d by an equally divided Court, 400 U. S. 348 (1971); Duplan Corp. v. Deering Milliken, Inc., 397 F. Supp. 1146, 1163-1165 (SC 1974). Other communications between employees and corporate counsel may indeed be privileged — as the petitioners and several amici have suggested in their proposed for…
• Mead Data Cent., Inc. v. United States Dep't of the Air Force, 566 F.2d 242 (D.C. Cir. 1977)
  …213 F.Supp. 515 (S.D.Cal.1963); Philadelphia v. Westinghouse Elec. Corp., 210 F.Supp. 483 (E.D.Pa.1962). But see Harper & Row Publishers, Inc. v. Decker, 423 F. 2d 487, 491-92 (7th Cir. 1970), aff'd per curiam by equally divided court, 400 U.S. 348, 91 S.Ct. 479, 27 L.Ed.2d 433 (1971) (privilege applies so long as subject of employee’s communication was performance of duties of his employment). See generally Note, Attorney-Client Privilege for Corporate Clients: The Control Group Test, [*254] 84 Harv.L.Rev.…