The short answer
When a company is the client, the privilege belongs to the company, not its individual managers or employees. Illinois state courts apply a narrower test than federal courts for which employees’ communications are protected.
Where it fits in your case
In any business dispute where employees communicate with company counsel.
What to expect
Control group test. In Illinois state court, privilege generally covers communications with top decision-makers and those whose advice they rely on; federal courts use a broader test.
Who decides. Current management controls the privilege, including after ownership changes.
Employees are not personally represented by company counsel unless agreed.
Common interest. Sharing with another party may keep privilege only if there is a common legal interest, not just a shared business goal.
What we need from you
A list of employees involved and who makes decisions in the dispute.
Common misconceptions
“Company counsel represents me too.” Usually only the company.
“Any employee’s talk with counsel is privileged.” Illinois applies a narrower test.