The recent Federal Constitutional Court decision severely limits legal privilege in German criminal investigations, but provides useful guidance to ensure privilege in limited circumstances. German government is called upon to provide adequate safeguards for internal investigations.

The German Federal Constitutional Court has rejected constitutional complaints filed by Volkswagen AG, Jones Day, and the firm’s lawyers in a decision on July 6, 2018. The complaints challenged the search of the law firm’s Munich office, and Munich public prosecutors’ securing of documents and data in 2017. The search and securing of documents and data were conducted in connection with Munich public prosecutors’ criminal investigation against Volkswagen subsidiary Audi AG regarding diesel emissions.