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Patriarca v. Center for Living & Working, Inc.

An important interpretation of Rule 4.2 of the Massachusetts Rules of Professional Conduct, which governs communications with persons represented by counsel, as applied to the employees of an adverse corporate party.  Upon grant of application for direct review, the Supreme Judicial Court held that all current and former employees of a corporation are not deemed to be represented by corporate counsel for purposes of the rule barring ex parte contact.  The analysis must be fact specific, to determine whether the employee in question is alleged to have committed the wrongful acts at issue in the litigation, exercised managerial responsibility in the matter, or has authority on behalf of the corporation to make decisions about the course of the litigation.

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