In Upjohn Co. v. United States, 6 the United States Supreme Court held that a
company's attorney — client privilege extends to
company counsel's communications with employees in certain prescribed circumstances.7 Rather than providing a simple
objective test, the Upjohn court instead established five factors to guide courts in determining whether the
company's privilege should extend to counsel's communications with its employees: (1) whether the communications were made by employees at the direction of superior officers of the
company for the purpose of obtaining legal advice; (2) whether the communications contained information necessary for counsel to render legal advice, which was not otherwise available from «control group» management; (3) whether the matters
communicated were within the scope of the employee's corporate duties; (4) whether the employee knew that the communications were for the purpose of the
company obtaining legal advice; and (5) whether the communications were ordered to be kept confidential by the employee's superiors, including that the communications were considered confidential at the time and kept confidential subsequent to the interview.8 When these elements are established, courts generally consider communications between
company counsel and an employee to be within the scope of the
company's attorney — client privilege.9
Personal Data: SKILLS / QUALIFIERS: Proven skills in strategic and tactical sales, business development, planning, organizingOEM Design and project managementAdvanced consultative, problem solving, negotiation and decision making skillsStrong PC skills; demonstrated proficiency with a variety of software program applications including Microsoft Office (Word, Excel, PowerPoint, Access), Windows, Photoshop, word art, and InternetExcellent listening and communication skills; the ability to comprehend and clearly
communicate in written, discussion and presentation formatsDemonstrated ability to work effectively with a wide range of individualsExceptional skills in collaborating with clients and staff and in developing and maintaining long - term supportive relationshipsAbility to organize time effectively, priorities, meet deadlines, and move work forwardAbility to assess the effectiveness of processes and procedures and recommend improvementsAbility to calculate figures and amounts such as discounts, interest, commissions, and percentages.National Account ManagerNovember 2005 to currentDirected & managed sales efforts, set
objectives for retail sales force consistent with
company goals and
objectives, recruited and trained new support and sales staff.
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