Employees most commonly join Pharmacia & Upjohn Company after leaving Bristol-Myers Squibb. *395 It began "Upjohn will comply with all laws and regulations," and stated that commissions or payments "will not be used as a subterfuge for bribes or illegal payments" and that all payments must be "proper and legal." Pharmacia & Upjohn Company is in the pharmaceutical industry. The company was founded in 1886 and is based in Kalamazoo, Michigan. Petitioner Upjohn Co. manufactures and sells pharmaceuticals here and abroad. It was founded way back in 1886. The first case to articulate the so-called "control group test" adopted by the court below, Philadelphia v. Westinghouse Electric Corp., 210 F. Supp. . The Government relies on the following language in Hickman: The Government stresses that interviewees are scattered across the globe and that Upjohn has forbidden its employees to answer questions it considers irrelevant. Deputy Solicitor General Wallace argued the cause for respondents. interpreted. Pharmacia & Upjohn Company competitors include Warner Chilcott, Organon, King Pharmaceuticals, AstraZeneca, Daiichi Sankyo, Schwarz Pharma, Depomed, Forest Pharmaceuticals, Wyeth Laboratories, Shionogi, Endo Pharmaceuticals, Ucb, Upsher-Smith Laboratories, Aptalis Pharma US, Cephalon, Odyssey Pharmaceutical, inVentiv Health, SmithKline Beecham Holdings, Takeda Pharmaceuticals U.S.A, Mylan Specialty LP.

See ante, at 394-395. While it would probably be more convenient for the Government to secure the results of petitioner's internal investigation by simply subpoenaing the questionnaires and notes taken by petitioner's attorneys, such considerations of convenience do not overcome the policies served by the attorney-client privilege. While we are not prepared at this juncture to say that such material is always protected by the work-product rule, we *402 think a far stronger showing of necessity and unavailability by other means than was made by the Government or applied by the Magistrate in this case would be necessary to compel disclosure.

employments at Pharmacia & Upjohn Company. Any such approach would violate the spirit of Federal Rule of Evidence 501.

Indeed, because Federal Rule of Evidence 501 provides that the law of privileges "shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience," this Court has a special duty to clarify aspects of the law of privileges properly *404 before us. rely on donations for our financial security. Want to explore some other great places to work in the United States? He consulted with outside counsel and R. T. Parfet, Jr., Upjohn's Chairman of the Board. goes on to protect against disclosure the mental impressions, conclusions, opinions, or legal theories . 483, 485 (ED Pa.), petition for mandamus and prohibition denied sub nom. Pharmacia & Upjohn Company is a well-established company. As to such material the Court did "not believe that any showing of necessity can be made under the circumstances of this case so as to justify production. shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in light of reason and experience." 1980-024, Author:

We decline to lay down a broad rule or series of rules to govern all conceivable future questions in this area, even were we able to do so. Explore our History and Expertise. Middle-level—and indeed lower-level—employees can, by actions within the scope of their employment, embroil the corporation in serious legal difficulties, and it is only natural that these employees would have the relevant information needed by corporate counsel if he is adequately to advise the client with respect to such actual or potential difficulties. 1961). Although this language does not specifically refer to memoranda based on oral statements of witnesses, the Hickman court stressed the danger that compelled disclosure of such memoranda would reveal the attorney's mental processes. Rule 26 goes on, however, to state that "[i]n ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions or legal theories of an attorney or other representative of a party concerning the litigation." information displayed are correct, Zippia is not responsible for any errors or omissions, or for the In re Grand Jury Subpoena, 599 F.2d 504, 511-512 (CA2 1979). affiliations, employee data, and more, in order to inform job seekers about Pharmacia & Upjohn Company. United States v. Euge, 444 U.S. 707, 714 (1980). . Managers were instructed to treat the investigation as "highly confidential" and not to discuss it with anyone other than Upjohn employees who might be helpful in providing the requested information. Lindsay.[*]. In some instances they might even suggest other questions that I would have to ask or things that I needed to find elsewhere." Petitioners argue that the privilege should nonetheless apply to communications by these former employees concerning activities during their period of employment. . . On November 23, 1976, the Service issued a summons pursuant to 26 U.S. C. § 7602 demanding production of: The company declined to produce the documents specified in the second paragraph on the grounds that they were protected from disclosure by the attorney-client privilege and constituted the work product of attorneys prepared in anticipation of litigation. . We are acutely aware, however, that we sit to decide concrete cases and not abstract propositions of law. 449 U.S. 383, 101 S. Ct. 677, 66 L. Ed. For this very reason, I believe that we should articulate a standard that will govern similar cases and afford guidance to corporations, counsel advising them, and federal courts. See, e. g., Duplan Corp. v. Deering Milliken, Inc., 397 F. Supp.

See S. Rep. No. 1961). *401 Based on the foregoing, some courts have concluded that no showing of necessity can overcome protection of work product which is based on oral statements from witnesses. The test restricts the availability of the privilege to those officers who play a "substantial role" in deciding and directing a corporation's legal response.

We do not decide the issue at this time.

The courts have steadfastly safeguarded against disclosure of lawyers' mental impressions and legal theories . As Rule 26 and Hickman make clear, such work product cannot be disclosed simply on a showing of substantial need and inability to obtain the equivalent without undue hardship. should be determined on a case-by-case basis"); Trammel, 445 U. S., at 47; United States v. Gillock, 445 U.S. 360, 367 (1980). That court adopted the recommendation of a Magistrate who concluded that the summons should be enforced. William W. Becker filed a brief for the New England Legal Foundation as amicus curiae.

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