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Attorney-Client Privilege Government Investigations

ArentFox Schiff

Look Before You Leap: Nine Fundamentals of Effective Subpoena Responses for Nonprofits and Associations

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Nonprofits and associations commonly receive subpoenas. Though it can be stressful to receive one, engaging in appropriate due diligence can help an organization effectively manage its response....more

Association of Certified E-Discovery...

Does FRE 502(d) Allow a Party to Shift the Privilege Burden?

[Editor’s Note: This article has been republished with permission. It was originally published December 20, 2023 on the eDiscovery Assistant Blog] In Episode 127, on the ACEDS and eDiscovery Assistant #CaseoftheWeek, Kelly...more

Barnea Jaffa Lande & Co.

Document Subpoena from US Authorities: Critical Steps

Barnea Jaffa Lande & Co. on

Receiving a document subpoena from the DOJ, the SEC, or any other US regulatory authority is a stressful and unpleasant situation.   Things may seem even more stressful and complicated if you are a foreign national or company...more

American Conference Institute (ACI)

[Event] 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement - January 23rd - 24th, New York, NY

Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more

Carlton Fields

Joint-Defense and Common-Interest Agreements in Government Investigations: Best Practices for In-House Counsel to Retain Privilege...

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Introduction - Your company is under investigation by the government. As part of the investigation, the government subpoenaed an employee for testimony. The employee retained a lawyer (separate from your company’s outside...more

HaystackID

Cooperation Standards in Government Investigations: Practical Tips

HaystackID on

Editor’s Note: From time to time, ComplexDiscovery highlights publicly available or privately purchasable announcements, content updates, and research from cyber, data, and legal discovery providers, research organizations,...more

Butler Snow LLP

Company Cooperation Leads to Criminal Discovery

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When a company discovers that a crime may have been committed by individuals within the company, or is alerted by the government of that possibility, the company will often hire an outside law firm to conduct an internal...more

Jenner & Block

Privilege Newsletter: Investigations - Cooperating With The Government Without Waiving Privilege

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In response to a government investigation, the company has conducted a comprehensive internal investigation, taking steps necessary to establish and maintain applicable privileges and protections. The company now wants to...more

Proskauer - Minding Your Business

The Sound of “Silent Attorneys”: DOJ Alleges Google Fakes Attorney-Client Privilege by CCing Lawyers Who Never Respond

If a request for legal advice goes unanswered, is it really a request for legal advice? According to the U.S. Department of Justice and several state attorneys general (“DOJ Plaintiffs”) in an antitrust action against...more

WilmerHale

Access points: how to respond to raids by UK investigating authorities

WilmerHale on

Following recent media reports of raids conducted by the UK National Crime Agency (NCA) - including at domestic residences - as part of a Covid-linked fraud investigation, and visits by the UK Serious Fraud Office (SFO) to...more

Womble Bond Dickinson

Dicey Application of Legal Privilege in Data Cases

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Certain information generated by your company, even the results of entire investigations, may be legally protected from exposure to people outside the company. While this seems like the holy grail to executives worried about...more

K&L Gates LLP

Federal Court Ruling Creates Possible Harbinger for Information Shared from Internal Investigations with the Government

K&L Gates LLP on

Introduction - Privilege assertions and waivers are a hot area for internal investigations and government proffers. One burning question centers around whether a party may claim privilege over materials that it furnished to...more

J.S. Held

Using Independent Taint Teams To Better Protect Attorney-Client Privilege

J.S. Held on

When the government acquires documentation via a search warrant or subpoena, especially one involving a law firm, there is a high probability that the information obtained may contain attorney-client privileged...more

Vinson & Elkins LLP

Help! The Government Seized My Privileged Documents! What a Recent Fifth Circuit Case Says About How to Respond

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Consider what would happen if government agents executed a search warrant at your business and collected hundreds of emails between employees and outside counsel. What would you do? ...more

Alston & Bird

Avoiding Pitfalls During Post-Pandemic Government Investigations

Alston & Bird on

CSI: Confidential Supervisory Information is not a show many banks would enjoy watching, but it’s one of three areas our Financial Services & Products Group notes banks should keep in mind if they become the subject of...more

Troutman Pepper

Protecting Your Company From Increased Scrutiny After Release of ARCOS Opioid Data

Troutman Pepper on

In July, The Washington Post published data showing approximately 76 billion oxycodone and hydrocodone pills were purchased and sold in the Unites States from 2006 to 2012. The data came from the Automation of Reports and...more

Jones Day

IRS Summons for Law Firm Client Data Is Enforceable

Jones Day on

Court rules that a "John Doe" summons to obtain confidential client records from a law firm isn’t barred by attorney-client privilege. On May 15, 2019, a district court in the Western District of Texas held that the...more

K&L Gates LLP

K&L Gates Triage: When the Feds Come Knocking on Your Door

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In this episode, Michael McKay and Carla DewBerry discuss the practical implications of responding to an investigative inquiry by governmental officials. In particular, entities that find themselves as the subject of a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: Compliance Investigations in China Take On New Urgency

The ongoing trade tensions between the U.S. and China have caused some U.S. companies to become increasingly concerned that the Chinese authorities may subject their local operations to closer scrutiny, leading these...more

Troutman Pepper

Are You Sure Those Conversations Are Covered by the Common Interest Privilege? Check the Record

Troutman Pepper on

Imagine you are representing an individual who has been subpoenaed for testimony as part of the government’s investigation of her employer. ...more

Ward and Smith, P.A.

In-House Counsel Seminar Insights: Managing Internal Corporate Investigations While Preserving Privilege

Ward and Smith, P.A. on

At this year’s Ward and Smith In-House Counsel Seminar, two of the firm’s white collar defense attorneys walked the attendees through a role-playing exercise designed to help them understand key nuances and risks that...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - January 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including DOJ guidance on the use of corporate monitors in criminal...more

Farella Braun + Martel LLP

Battling Government Investigations Series – Cooperation and Voluntary Disclosure

It always comes when you least expect it – a government inquiry to investigate your business. While it may instill a sense of panic, there are steps you can take to make sure you’re in the best position possible when the...more

The Volkov Law Group

Compliance and the Attorney-Client Privilege

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Chief compliance officers have to work closely with the chief legal officer or general counsel on a number of important issues. ...more

Moore & Van Allen PLLC

Protection for Investigation Materials Remains in the Eye of the Beholder

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One of the most problematic questions facing companies simultaneously undergoing a review by external counsel and responding to a government inquiry is whether the information shared with or created by counsel will be...more

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