control group test
control-group test. A method of determining whether the attorney–client privilege protects communications made by corporate employees, by providing that those communications are protected only if made by an employee who is a member of the group with authority to direct the corporation’s actions as a result of that communication. • The U.S. Supreme Court rejected the control-group test in Upjohn Co. v. United States, 449 U.S. 383, 101 S.Ct. 677 (1981). Cf. SUBJECT-MATTER TEST. [Cases: Witnesses 199(2). C.J.S. Witnesses § 325.]
