These summaries were prepared by McGuireWoods LLP lawyer Thomas E. Spahn. They are based on the letter opinions issued by the Virginia State Bar. Any editorial comments reflect Mr. Spahn's current personal views, and not the opinions of the Virginia State Bar, McGuireWoods or its clients. 
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78-Communicating with an Employee of a Corporate Adversary

A lawyer may conduct ex parte interviews with a corporate adversary's former employee because the former employee "no longer speaks for the corporation or binds it by his or her acts or omissions." The Bar disagrees with recent decisions to the contrary, and affirms its application of the "control group" standard for determining the permissibility of ex parte contacts with current employees of corporate adversaries.

Copyright 2000, Thomas E. Spahn