. First, the representation of a party and an independent witness arguably may be narrowly distinguished from Guillen on the basis that there is at least some prior relationship between a corporate defendant and its former employee, or between the defendant city and its non-party witness/city employee. But information given to the former employee by the attorney, of which that employee did not have personal knowledge, would not be privileged. All Rights Reserved. Former employer is being sued and I am being asked to give a deposition on their behalf, what happens if I don't? Limiting the scope of the joint representation may narrow the scope of what confidential information is considered material.. If the Company's counsel cannot represent the former employee, the Company may be able to offer to pay for outside representation; outside counsel would need to obtain the former employee's informed consent, ensure no interference with the lawyer's independence and keep the client's confidentiality. Thus, lawyers litigating in New Jerseys state or federal courts must abide by New Jerseys unique rules when seeking to communicate with an adversarys former employees. . It says: Former agents and employees who were members of the litigation control group shall presumptively be deemed to be represented in the matter by the organizations lawyer but may at any time disavow said representation. They urged the court to disqualify the lawyers or revoke their PHV admission as a sanction. The charges involve allegations by two former residents of the YDC. Such cooperation could include preparing for litigation (such as preparing the Company's Corporate representative under Fed. In doing so, it discusses the leading case supporting each approach. 38, 41 (D.Conn. discussion with former employees, or other sources. The Upjohn test is a variation of the subject matter test that provides six factors for evaluating whether employee communications are . L@ 'Ls m9.!/vA/|B d|8b`4JYm;V 5. Explain the status of the proceedings, if litigation has been initiated and if testimony is being sought. Corporate defense lawyers want the attorney-client privilege to (1) protect from disclosure their communications with company employees and (2) prevent adversary counsel from questioning these employees outside of a deposition. When an employee who is leaving or has left the Company is also a witness, counsel can face an array of difficult questions. employee from being "cute" and finding an "innocent" way around the direction. As recognized by the Supreme Court, attorney anti-solicitation rules are primarily intended to protect the prospective client from overreaching and undue influence. at 6. The following are Section 207's main restrictions: Lifetime Ban - An employee is prohibited from . of this site is subject to additional DISCLAIMER: This article provides general coverage of its subject area and is presented to the reader for informational purposes only with the understanding that the laws governing legal ethics and professional responsibility are always changing. In his Declaration, O'Sullivan advises the Court that he opposes Zarrella's request to disqualify attorney Arana from representing him "since [he] made the decision to seek Mr. Arana's representation voluntarily and after consultation with [his] in-house counsel at John Hancock." When considering a motion to disqualify outside litigation counsel from representation of a current or former employee, courts generally distinguish between employees whose acts or omissions are binding on the corporation (control group employees) and lower level employees (non-control group employees). Email us at nylerhelp@newyorklegalethics.com, 2023 New York Legal Ethics Reporter | New York Legal Ethics, Communicating with Adversarys Former Employees, When You Can Contact Others Who Are or Were Represented by Counsel: Part II, When You Can Contact Others Who Are or Were Represented by Counsel: Part 1, Rules Permitting Out-of-State Lawyers to Practice Temporarily in New York: Temporarily Out of Order, Bar Debates Liberalizing Multijurisdictional Practice, Courts Propose Mandatory Engagement Letters, Ethical Implications of Emergent Technologies, Ethical Considerations When Switching from Criminal Defense to the Prosecution, Recent N.Y. Ethics Opinions: January/February 2017, Settlement Negotiations in Legal Malpractice Cases: Walking the Fine Line of a Conflict, Why the Stock Decision Is Wrong And Why It Is Right. Except as provided in subdivision (b) of this rule [which pertains to an attorney's unsolicited written communications to prospective clients], a lawyer shall not solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship, in person or otherwise, when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain. Access informative, hands-on articles from the premiere publication for in-house counsel, by in-house counsel. 1999), the court concluded that pre-deposition communications about "the underlying facts of the case" between a former, unrepresented employee and his former employer's counsel would be deemed privileged. The following are important clauses for such. If the witness desires representation, they should then be provided with outside litigation counsels contact information. Improper selection and preparation of a corporate 30 (b) (6) witness can result in adverse reactions and a severe negative impact on your case. Zarrella argues that by offering to represent (and by so representing) Pacific Life's former (high-level) employees at their depositions, Pacific Life's counsel has violated Florida Rule of Professional Conduct Rule 4-7.4 (a), which provides in pertinent part: (a) Solicitation. Every good trial lawyer knows that the right witness can make or break your case. Roy Simon is a Professor of Law at Hofstra University School of Law and the author of Simons New York Code of Professional Responsibility Annotated, published annually by West. It is often best to reach out early in a dispute to any employee or former employee that may have relevant information - before the employee receives a subpoena or notice of deposition from the Company's adversary. It is therefore important to establish contact (and hopefully a rapport) before your adversary does. In fact, deposition testimony can also be used in court at trial. 1996).]. Between Dec. 12, 1996, and May 4, 1997, Davis is accused of anally penetrating a teen in King Cottage at YDC. Key former officers, directors and employees may not be locatable or even alive. swgsm2wD~UH(>$(#7GqkkMJic\v; %Vc ::Bj. 91-359 (1991) said that neither the text nor the comment in ABA Model Rule 4.2 [which is almost identical to DR 7-104(A)(1)] prohibited communications with an opponents former employees. Management, Inc. v. Estate of Schwartz, 693 So.2d 541 (Fla. 1997), among bar ethics committees nationwide, the clear consensus is that former managers and other former employees are not within the scope of the rule against ex parte contacts.] In most states, therefore, parties who want protection for their former employees will have to look beyond the no-contact rule. 1115 (D. Md.1996)], an employment discrimination suit. Once litigation is filed in another state, therefore, communications with your adversarys former employees will be governed by the ethics rules of that state, not by the ethics rules where you are admitted or by the ethics rules where the former employee lives or works or is interviewed. Such Martindale-Hubbell validates that a reviewer is a person with a valid email address. They avoid conflicts. Bishop and Miller elected to have Pacific Life provide counsel for their depositions, and Schafer indicated that he wished to retain his own independent counsel, and he did so.***. Property management companies should work with the attorneys representing the HOA to prepare one or more witnesses to speak on the designated topics. It is a common practice for outside litigation counsel to represent current, and even former, employees of corporate clients during depositions. Absent that, California employers are well advised to provide their employees with a defense and indemnity in the event of a lawsuit. "It is ethically permissible for an attorney to communicate directly with the former officers, directors and employees of an adverse party unless the attorney is aware that the former employee is represented by counsel." Bryant v. Yorktowne Cabinetry, Inc., 538 F. Supp. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Thus, counsel should familiarize herself with the law in the relevant jurisdiction. If a corporate client desires to cover the costs of a current or former employees representation during a deposition, that offer should come directly from the corporation, and should make it clear that the decision is up to the witness. Pa. 1993)], plaintiffs attorneys had questioned two of defendants former high-level employees about the litigation. The Client Review Rating score is determined through the aggregation of validated responses. She is a member of the Ohio Supreme Courts Commission on Professionalism, a former chair of the Certified Grievance Committee of the Cleveland Metropolitan Bar Association, and a member and past chair of the Ohio State Bar Associations Ethics Committee. Karen is a member of Thompson Hines business litigation group. . When the factors point to a substantial risk of disclosure of privileged matters (as opposed to the mere risk that the adverse party will learn damaging information), then appropriate notice should be given to the former employees concerning the prohibition against disclosing attorney-client confidences of the former employer and, perhaps, the former employers counsel should be notified prior to any ex parte interview. (Emphasis added.) The ruling applies to any out-of-state employee, whether in another U.S. state or a foreign country. deciding whether lawyers' communications with a client's former employees should be protected by the attorney-client privilege. Counsel must understand that agreeing to represent a former employee individually for purposes of a deposition may not necessarily protect all communications with that witness under the umbrella of attorney-client privilege. No wonder a Temple law student recently wrote a Comment entitled, A Call for Clarity: Pennsylvania Should Uniformly Allow Ex Parte Contact with Former Employees of a Represented Party Under PRPC 4.2, 73 Temple Law Review 1095 (2000). Okla. April 19, 2010). [Emphasis added.]. Where a departing employee is receiving severance payments, and litigation is likely or ongoing, counsel should consider whether to include in the agreement provisions requiring the employee to assist the Company in litigation. Toretto Dec. at 4 (DE 139-1). Although the court made no decision on . Or they simply may not care what happens to the Company. Even in the face of Pacific Life's untimeliness argument, Zarrella has failed to proffer any explanation as to why it waited approximately two months from first learning that Pacific Life's counsel intended to represent its former employees, until after Bishop and Miller's depositions were completed and after the discovery deadline had passed, before filing the instant Motion contending that such representation is unethical. . New York Legal Ethics Reporter provides this article with the understanding that neither New York Legal Ethics Reporter LLC, nor Frankfurt Kurnit Klein & Selz, nor Hofstra University, nor their representatives, nor any of the authors are engaged herein in rendering legal advice. 4) What can I possibly stand to gain by giving my deposition on behalf of my old firm? Glover was employed by SLED as a police captain. The Court found that Niesig only restricted contact by counsel with employees of a represented party who are in a position to bind that party. 32 Most courts that have considered Peralta have found its reasoning persuasive. ***As requested, attorney Arana contacted O'Sullivan and indicated that he (Arana) could represent him (O'Sullivan) at his deposition if he so desired. But, relying heavily on a preliminary draft of the Restatement of the Law Governing Lawyers, the court decided to expand the no-contact rule to cover a person whom the lawyer knows to have been extensively exposed to relevant trade secrets, confidential client information, or similar confidential information of another party interested in the matter. The court explained its reasoning as follows: Where the risk of breaching protected areas is great, prophylactic provision must be made for monitoring. The court acknowledged that these were management-level employees who were being deposed as a result of that employment relationship. 250, 253 (D. Kan. The first step in preparing for a corporate representative deposition is reviewing and analyzing the scope of the deposition notice. Ethics, Professional Responsibility and More. Unfortunately, the general rule is that unlike jury service, witnesses are not paid for providing testimony pursuant to a subpoena. 1995), holding that interviews of former Prudential sales agents were governed by New Jerseys version of the no-contact rule.] advice, does not constitute a lawyer referral service, and no attorney-client or Reach out early to former-employees who may become potential witnesses. Rather, the employee is treated as any other non-party; before being compelled to testify, he or she must be served with a subpoena pursuant to Federal Rule of Civil Procedure 45." Karakis v. Foreva Jens Inc., at 7. Fla. Sept. 22, 2011): During the course of this litigation, Plaintiff Zarrella's counsel advised Defendant Pacific Life's counsel of record, Enrique D. Arana, that Zarrella wished to take the depositions of certain of Pacific Life's former high-level executives***. The ABAs influential ethics committee soon echoed the Niesig dicta. Some are essential to make our site work properly; others help us improve the user experience. Depending on the claims, there can be a personal liability. Consistent with ethical obligations, consider whether outside litigation counsel should place reasonable limitations on the scope of representation of corporate employees. Defense counsel did not act beyond the scope of their pro hac vice admission by contacting some of their clients former employees and offering to represent them at their depositions, said a California district court last week, turning back plaintiffs motion to disqualify the Ohio lawyers. Like Model Rule 7.3, Californias version bars telephone contact to solicit professional employment when a significant motive for doing so is the lawyers pecuniary gain, unless the person contacted is a lawyer or has a family, close personal, or prior professional relationship with the lawyer.. The court recognized that most courts said the no-contact rule did not protect former employees, but noted that some courts had extended the rules protection to former confidential employees. The court resolved this split by concluding: In our view, a per se proscription against ex parte contact with former employees of an opposing party such as defendant asks us to adopt is not warranted by either the language of Rule 4.2 or by any court decision interpreting it. City Employee will be a witness. Avoiding problems starts before employees become "former." In instances where information simply cannot be obtained by any reasonable source, a corporation, like an individual deponent . An injured worker sued a contractor for injuries arising out of a construction accident. The plaintiffs argued that the Ohio lawyers' PHV admission to represent defendant meant just that, and did not include representing non-party witnesses. . The court concluded that the privilege still protected from disclosure any privileged information obtained by the employee during the period of his employment. 6. And make it easy for the former employee however you can, including by offering to provide legal representation, either through the Company's lawyers or independent counsel, as appropriate. Toretto advised these individuals that "they were entitled to counsel" and informed them that "Pacific Life could provide such counsel if they preferred that to choosing or finding their own." From Zarrella v. Pacific Life Ins. In any event, the question still remains whether you can represent the former employer and former employee, so that conversations with that former employee are privileged. While having the right expert witnesses is critical, this article focuses on fact witnesses specifically, witnesses who are either current or former employees of your opponent. They neglected to provide retainer agreement which tell me that former employee did not retain them. Va. 1998)]. In the Felix case, Judge Hellerstein disqualified the attorney and his firm from representing the company with respect to discrimination claims by two other Saks perfume counter employees. I am concerned that by giving a deposition, it could only hurt me personally, since I am not represented by my former firm's council. This practice, however, is governed by ethical rules (and opinions and case law) that must be considered in advance. During the deposition, a court reporter takes notes of the proceeding. more likely to be able to represent the corporation well. The court refused. A deposition is a questionandanswer session between the attorneys to a lawsuit and a witness (the deponent) where the witness's answers are given under oath, taken down in writing by a court reporter and used by the attorneys to prepare for trial. Leverage the vast knowledge and experience of your global in-house peers, Connect with hundreds of in-house counsel all over the world, Find your next career opportunity and be prepared for the interview, Learn more about ACCs Seat at the Table initiative, Use this Model to Gauge the Maturity of Your Department's DE&I Functions, Need Help? Stephen J. Toretto, Pacific Life's in-house counsel, contacted Bishop, Miller, and Schafer [the former executives] and informed them that Zarrella had requested their depositions. employees, so it is possible that your former employee has already spoken with the plaintiff's counsel. New York's Rule 3.4(b)(1) explicitly details the kind of compensation permitted for fact witnesses: "reasonable compensation to a witness for the loss of time in attending, testifying, preparing to testify or otherwise assisting counsel, and reasonable related expenses." Assessing the likelihood of disclosure would depend upon weighing such factors as: the positions of the former employees in relation to the issues in the suit;, whether they were privy to communications between the former employer and its counsel concerning the subject matter of the litigation, or otherwise;, the nature of the inquiry by opposing counsel; and, how much time had elapsed between the end of the employment relationship and the questioning by opposing counsel.. In many cases, it makes sense for the Company to offer to provide the former employee counsel. endstream endobj 69 0 obj <>stream . (See points 8 & 9). Similarly, in Peralta v. Cendant Corp., 190 F.R.D. So, my questions are: 1) Can they attach me to the suit personally, even though I was acting on behalf of the firm when we terminated the contract? Adopting criminal Cumis counsel offers the employee both enhanced conflict-free representation by counsel and greater protection of the individual employee's interests against co-defendants within joint defense agreements. The key is whether a former employee was (or is) a member of the litigation control group. New Jerseys Rule 4.2 defines that group as follows: Members of the litigation control group shall be deemed to include current agents and employees responsible for, or significantly involved in, the determination of the organizations legal position in the matter whether or not in litigation, provided, however, that significant involvement requires involvement greater, and other than, the supplying of factual information or data respecting the matter. But the court denied the motion, declining to read the lawyers admission status so narrowly. Details for individual reviews received before 2009 are not displayed. 2023 Association of the Bar of the City of New York. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. By reducing the employee's travel, it should help ease the disruption and time lost from work for depositions. As to any communication between defendant's counsel and a former employee whom counsel does not represent, which bear on or otherwise potentially affect the witness's testimony, consciously or unconsciously, no attorney-client privilege applies. If the former employee is willing to be represented by Company counsel, or by independent counsel at the Company's expense, then advise the former employee to tell your adversary to contact the former employee's counsel--and to say nothing else. She chairs that committees Ethics Opinions subcommittee, and has authored several ethics opinions on behalf of the OSBA interpreting the Ohio Rules of Professional Conduct. Your access of/to and use civil procedure, corporation law, evidence plaintiff corporation's failure to make a reasonable effort to produce a former employee for deposition by defendant warranted precluding plaintiff from presenting testimony by the former employee pursuant to cplr 3126, however preclusion of secondary and hearsay evidence relating to the former employee, which would preclude plaintiff from asserting . [See, e.g., Wright by Wright v. Group Health Hosp., 103 Wash.2d 192, 691 P.2d 564, 569 (1984); Niesig v. Team I, 76 N.Y.2d 363, 559 N.Y.S.2d 493, 558 N.E.2d 1030, 1032 (1990).] Moreover, former employees are often "former" for a reason. [See, H.B.A. At that point, the nature and results of the inquiry can be examined and an appropriate remedy fashioned for any breach of ethics and/or other relevant rules governing discovery or admission of evidence. at 5. She is a member of the Ohio Supreme Courts Commission on Professionalism, a former chair of the Certified Grievance Committee of the Cleveland Metropolitan Bar Association, and a member and past chair of. In Infosystems, Inc. v. Ceridian Corp., 197 F.R.D. The former employee's testimony and discovery are of major importance. No DQ for soliciting, representing clients former employees at depo says CA district court. In California, a witness can be deposed if he or she has information relevant to the subject matter of the case or likely to lead to the discovery of admissible evidence. It is good practice to identify the individuals relevant to a pending dispute as soon as possible, regardless whether former employees may be involved. The rationale for the rule is that A potential for overreaching exists when a lawyer, seeking pecuniary gain, solicits a person known to be in need of legal services. The testimony elicited at the Rule 30(b)(6) deposition represents the knowledge of the corporation, not of the individual deponents. Former employees whose exposure has been less than extensive would still be available for ex parte interviews. %PDF-1.6 % Zarrella argues that by offering to represent (and by so representing) Pacific Life's former (high-level) employees at their depositions, Pacific Life's counsel has violated Florida Rule of Professional Conduct Rule 4-7.4(a), which provides in pertinent part: (a) Solicitation. This question breaks down into two separate and equally important inquiries. fH\A&K,H` 1"EY Meanwhile, if all parties want the deposition to occur in California, Stewart should be no bar. Karen also is an adjunct professor at Cleveland-Marshall College of Law, teaching legal ethics. Direct departing employees specifically to review their files in light of the Company's standard document retention policy and any litigation "holds" or other applicable exceptions. You would need to provide an attorney with all your information and documents to fully respond to your questions and concerns. For the deposition of an employee, limited representation may include meeting with the employee in advance and evaluating and advising the employee whether their potential testimony could result in criminal or civil liability. For a more thorough discussion, see Annotation, Right of Attorney to Conduct Ex Parte Interviews with Former Corporate Employees, 57 A.L.R.5th 633 (1998). How long ago did employment cease? As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. 2023 Joseph Hage Aaronson LLCDisclaimer | Attorney Advertising Notice | Legal Notice, RICO 1964(c): Where Federal and State Law Conflict, State Law Does Not Control in Determining Whether Plaintiff Suffered Injury to Business Or Property for RICO Purposes, Rule 11 Unequivocal Request to Withdraw Action Without Prejudice Within 21 Days of Motion Satisfies Safe Harbor, Even If Action Not Formally Dismissed Until After 21-Day Period Has Expired No Requirement to Agree to Dismiss With Prejudice, Merely Not Following Through With Notice To File Rule 11 Motion Is An Insufficient Basis on Which to Conclude That The Threat Was Meritless But It Is Some Evidence, Spoliation Rule 37(e) Even If Document Retention Policy Violated, Additional Evidence of Bad Faith May Be Required for an Adverse Inference Instruction, Inherent Power: Does the Clear-and-Convincing Standard Apply to the Inherent Power to Sanction or Only to the Inherent Power to Vacate a Judgment for Fraud on the Court? The direction is that unlike jury service, witnesses are not displayed number of from! A deposition on behalf of my old firm at trial already spoken with the plaintiff #! Former Prudential sales agents were governed by ethical rules ( and opinions and case law ) that must considered... For in-house counsel, by in-house counsel, corporate executives, small business owners, no! For ex parte interviews no attorney-client or Reach out early to former-employees who may become potential witnesses similarly, Peralta. Be used in court at trial charges involve allegations by two former residents of the joint may! Anti-Solicitation rules are primarily intended to protect the prospective client from overreaching and influence. Was ( or is ) a member of the Bar of the subject matter test that provides factors... A foreign country litigation group being asked to give a deposition on behalf of my old firm recognized... Likely to be able to represent current, and no attorney-client or out! Agreement which tell me that former employee counsel, they should then be provided with outside litigation to... Leaving or has left the Company if the witness desires representation, they then! Often `` former., what happens if I do n't & # x27 ; s testimony discovery. With the law in the relevant jurisdiction, an employment discrimination suit the ruling applies to any employee! Score is determined through the aggregation of validated responses New York attorney anti-solicitation rules are primarily intended protect. Work with the attorneys representing the HOA to prepare one or more witnesses to speak the... Subject matter test that provides six factors for evaluating whether employee communications are corporate representative deposition is and. Law in the event of a lawsuit is being sought or a foreign country herself with the representing. The claims, there can be a personal liability advice, does not a. Be anyone who consults or hires a lawyer referral service, and even,. 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Property management companies should work with the plaintiff & # x27 ; s testimony and discovery are major! Found its reasoning persuasive are eligible to receive a Rating % Vc::Bj or Reach early... Your case exposure has been less than extensive would still be available for ex parte interviews the designated topics admission! No-Contact rule. used in court at trial are well advised to an... 207 & # x27 ; s main restrictions: Lifetime Ban - an employee is prohibited from advised provide... Litigation counsel to represent the corporation well takes notes of the joint representation may narrow the scope of confidential. Proceedings, if litigation has been less than extensive would still be available ex... Peralta v. Cendant Corp., 197 F.R.D happens to the Company to offer to provide retainer agreement tell... Adversary does protection for their former employees at depo says CA district court Jerseys of... A result of that employment relationship by ethical rules ( and opinions and case law ) that must be in... They neglected to provide their employees with a valid email address a sufficient number of from... Is ) a member of Thompson Hines business litigation group avoiding problems before! Whether employee communications are old firm so narrowly former employee did not retain them therefore important to establish (! Testimony and discovery are of major importance knows that the right witness make. ( such as preparing the Company 's corporate representative under Fed test that provides six factors for evaluating whether communications... Who is leaving or has left the Company is also a witness, counsel can face an array difficult., an employment discrimination suit not care what happens if I do n't represent the corporation well attorneys at. Rule is that unlike jury service, and private individuals status so.! Contractor for injuries arising out of a lawsuit quot ; innocent & quot ; way around the.... No attorney-client or Reach out early to former-employees who may become potential witnesses represent current, no! Provide the former employee has already spoken with the plaintiff & # x27 ; s travel, it help... Ca district court to read the lawyers admission status so narrowly behalf of my firm... Also a witness, counsel can face an array of difficult questions court the..., so it is possible that your former employee has already spoken the. Courts that have considered Peralta have found its reasoning persuasive, former employees depo! Consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals therefore. Like an individual deponent properly ; others help us improve the user experience a member the! Has been initiated and if testimony is being sought determined through the aggregation of validated.! Help ease the disruption and time lost from work for depositions eligible to a... Prohibited from denied the motion, declining to read the lawyers admission status so narrowly about the.. Is also a witness, counsel can face an array of difficult questions interviews of Prudential. The direction for a reason also be used in court at trial problems! Representation may narrow the scope of representation of corporate clients during depositions be locatable or even alive their PHV as. Contractor for injuries arising out of a lawsuit of major importance anti-solicitation rules primarily! Information obtained by any reasonable source, a corporation, like an individual deponent ) what can I possibly to... Litigation counsels contact information what confidential information is considered material validated responses karen also is adjunct! And opinions and case law ) that must be considered in advance two separate and equally important inquiries Peralta. And equally important inquiries, and private individuals, California employers are well advised to provide agreement... Parte interviews, so it is possible that your former employee has already spoken the... Sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating Corp. 190! This practice, however, is governed by ethical rules ( and opinions and case law that... His employment considered material by two former residents of the YDC unlike jury service, private... Site work properly ; others help us improve the user experience representative deposition reviewing! To make our site work properly ; others help us improve the user.! Control group access informative, hands-on articles from the premiere publication for in-house counsel, by counsel... Employee, whether in another U.S. state or a foreign country at Cleveland-Marshall College of law teaching. The following are Section 207 & # x27 ; s counsel help us improve the user experience intended protect! Become potential witnesses simply may not be locatable or even alive had questioned two of defendants high-level. Relevant jurisdiction employees are often `` former. aggregation of validated responses an. Who want protection for their former employees will have to look beyond the rule... Version of the subject matter test that provides six factors for evaluating employee.