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Walking the Regulatory Tightrope: The Attorney-Client Privilege in an Intertwined World

Whether or not a client is involved in civil litigation, the target of a grand jury subpoena or some other request to produce documents, the attorney-client privilege serves as a powerful tool to shield sensitive matters from...more

Pitfalls of Internal Investigations: Supreme Court Appeal Highlights Perils of Reliance on Consulting Firms

With the ever-increasingly complex regulatory environment in the United States, ensuring corporate compliance is neither inexpensive nor easy. Given these difficulties, when the need to conduct an internal investigation...more

Common Sense Prevails as D.C. Circuit Applies Upjohn in Vacating District Court Order to Produce Investigation Reports

Government contractors and other companies subject to internal investigation requirements won some relief from the United States Court of Appeals for the D.C. Circuit on June 26 with a decision that firmly reiterated that...more

District Court’s Attorney-Client Privilege Ruling Counteracts Incentives to Perform Internal Investigations

It has long been assumed that under the U.S. Supreme Court’s decision Upjohn Co. v. United States, reports generated during an internal investigation undertaken at the direction, and under the supervision, of corporate...more

When Enough Is Not Enough: Two Court Rulings Complicate Corporate Compliance Efforts

In the shadow of billion dollar settlements, exhaustive and expensive internal investigations, costly shareholder derivative suits, and the constant need to stay competitive in a global marketplace, companies in recent years...more

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