7 steps companies can take to maximize privilege protections under US and English law.

Key Points:

..In a recent case, an English court stated that privilege did not apply to notes of employee interviews, including notes of interviews conducted in the US in response to subpoenas from a US regulator.

..As a result, companies conducting internal investigations with a connection to the UK or faced with possible follow-on civil litigation in an English court should consider how English law could affect the applicability of the privilege to protect interview notes and other information.

..Companies can take practical steps to maintain privilege protection despite the potential differences under US and English law.