In Newman v. Highland School District No. 203, 381 P.3d 1188 (Wash. 2016), the Washington State Supreme Court addressed an issue of first impression concerning whether the attorney-client privilege protects from disclosure a corporate counsel’s communications with former employees. The divided court established a bright-line rule and held that the attorney-client privilege does not extend to a former employee’s post-employment communications with the employer’s counsel, even if the communications concern events that occurred during employment and the employee possesses facts crucial to the employer’s defense in a lawsuit. The decision is significant for all counsel representing corporate clients in Washington and could influence courts in other states because, although many courts have protected communications between corporate counsel and their client’s former employees, not all have done so. Click here to read the full article.