In Upjohn, the Internal Revenue Service (“IRS”) requested from Upjohn Company’s general counsel questionnaires sent to corporate employees by the general counsel.10 When Upjohn Company refused to produce the materials on the grounds of the attorney-client privilege, the IRS moved the court to compel the production of the questionnaires.11 Although the Court found that the questionnaires constituted privileged communications, it concluded that the facts contained… [read post]