ACC Files Application to Intervene in European General Court Case to Defend Legal Professional Privilege for In-house Counsel
The Association of Corporate Counsel seeks to protect the confidentiality of legal advice and support the vital role of in-house counsel across jurisdictions.
Washington, D.C., Aug. 13, 2026 (GLOBE NEWSWIRE) — The Association of Corporate Counsel (ACC), the global legal association representing more than 48,000 in-house counsel in over 100 countries, announced today that it has filed an application to intervene before the European General Court in Broadcom and VMware International v Commission, a case that could have significant implications for legal professional privilege and the protections afforded to in-house counsel.
The case challenges the European Commission’s attempt to compel disclosure of documents created by in-house counsel located in the United States, raising important questions about the confidentiality of legal advice and the ability of corporate legal departments to effectively serve their organizations in a global business environment.
According to ACC, in-house counsel play a critical role as trusted legal advisors and are often the first point of contact for employees and management when legal, regulatory, compliance, and business issues arise. Their ability to conduct internal investigations, assess risks, promote compliance, and provide candid legal advice depends on the assurance that communications with clients will remain confidential and protected by legal professional privilege.
The absence of privilege protections for in-house counsel communications creates substantial challenges for multinational organizations, particularly where legal teams operate across multiple jurisdictions and must collaborate on complex compliance, regulatory, and litigation matters.
Although legal privilege protections for in-house counsel are recognized in many jurisdictions worldwide, including many European Union member states, the European Commission continues to deny recognition of privilege for in-house counsel communications in certain proceedings, particularly competition and antitrust investigations.
“ACC has long been engaged in Europe and has previously intervened in European cases involving legal privilege protections for in-house counsel legal advice,” said ACC President and Chief Executive Officer Jason L. Brown. “The number of EU member countries recognizing privilege for in-house counsel has more than doubled in the last 15 years, and ACC urges the Commission to consider doing the same. Effective compliance programs and sound corporate governance depend on lawyers being able to provide candid legal advice without fear that privileged communications will later be disclosed.”
ACC Vice President and Chief Legal Officer Susanna McDonald emphasized the broader implications of the case for legal departments operating across borders.
“Legal professional privilege is a cornerstone of the attorney-client relationship and an essential safeguard that enables organizations to seek and receive candid legal advice,” said McDonald. “ACC’s intervention in this case reflects our commitment to protecting the independence and effectiveness of in-house counsel, whose legal guidance is critical to promoting compliance, ethical business practices, and risk management. The outcome of this matter could affect ACC members practicing throughout the European Union and beyond, making it imperative that the voice of the global in-house legal community is heard by the Court.”
ACC’s participation seeks to highlight the practical and legal consequences of limiting privilege protections for in-house counsel, and to reinforce the importance of maintaining confidential communications between corporate legal departments and their clients.
ACC is represented in the matter by Eric Barbier de La Serre and Anne-Sophie Perraut of the Paris office of Jones Day.
About ACC
The Association of Corporate Counsel (ACC) is the premier global legal association that promotes the common professional and business interests of in-house counsel who work for corporations, associations and other organizations, through information, education, networking, and advocacy. For more than 40 years, ACC has set the standard for in-house counsel and raised awareness regarding the value of the chief legal officer in the C-suite and boardroom. With nearly 50,000 members employed by over 12,000 organizations spanning 100+ nations, ACC connects its members to the people and resources necessary for both personal and professional growth. By in-house counsel, for in-house counsel® remains the foundation for ACC’s market leadership. For more information, visit www.acc.com and follow ACC on LinkedIn, X, Instagram, and Facebook.
CONTACT: Tiffani Alexander Association of Corporate Counsel 202.677.4774 t.alexander@acc.com
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