A Need to Know

It is a phrase found in 19th century writings and 20th century movies, but most often on elementary-school playgrounds. When one kid asks another to reveal coveted information, he responds: “That’s for me to know and you to find out!” Perhaps it is time to bring that phrase into the 21st century world of the corporate attorney–client privilege—a world beset with information dissemination and concomitant privilege-waiver concerns.

We know that corporate entities can waive the privilege by disclosing privileged communications outside the organization. But less clear is whether and how corporate entities can waive the privilege by disseminating  privileged communication too widely within the organization.

In my Fall 2020 Privilege Place column (p.34) in Today’s General Counsel, I explore this phenomenon in some detail, focusing on courts’ “need to know” standard. When finished, perhaps you’ll be more inclined to tell employees asking for privileged information–“that’s for me to know and you to find out.”