Key California Employment Decisions from 2009
Top 5 Decisions by the California Supreme Court in 2009
Originally published in the Daily Journal, February 5, 2010.
The California Supreme Court decided a number of key cases in 2009 that offer a mixed bag for employers attempting to manage and prevent employment litigation. A review of these decisions is instrumental as they can significantly impact employment policies and practices.
Protecting Legal Audits and Other Attorney-Client Privileged Communications
On November 30, 2009, the California Supreme Court issued its decision in Costco Wholesale Corporation v. Superior Court, S163335, reaffirming the importance of the attorney-client privilege by holding that the privilege protects all communications with outside counsel. Specifically, the Court vacated and rejected the trial court’s ruling ordering an in camera review and redacted disclosure of the “factual” portions of the privileged communication. Answer→