Nationwide Mutual Insurance Company, et al. v. Fleming, et al.

NCLC urged the Pennsylvania Supreme Court to reverse the superior court’s holding that communications from corporate counsel to senior executives was not protected by the attorney-client privilege. In its brief, NCLC made clear that the superior court’s decision contradicted the overwhelming majority rule that communications between lawyers and clients made for the purpose of requesting or providing legal advice was immune from disclosure, no matter whether the client or lawyer originated the communication. Not only is the lower court’s decision contrary to the purpose of the attorney-client privilege to facilitate confidential legal advice, it undermines corporate compliance efforts.

An evenly-divided Pennsylvania Supreme Court affirmed the superior court's holding that certain communications from Nationwide's corporate counsel to senior executives were not protected by the attorney-client privilege.

Amicus brief filed 12/12/07. Decided 1/29/10.