News & Analysis as of

Attorney-Client Privilege Internal Investigations

Sharing Legal Communications With PR Firm Raises Privilege Issues for Hospital

by Pepper Hamilton LLP on

A recent case in Pennsylvania reminds companies to think carefully about sharing their attorney-client communications with third parties, such as public relations firms. On March 13, a unanimous three-judge panel of the...more

Protecting Privilege of the Corporate Compliance Officer

by Baker Donelson on

The Corporate Compliance Officer (CCO) acts as the organizational conscience overseeing the compliance program. Corporate integrity promotes a strong brand reputation, avoids high-profile failures and contributes to a strong...more

Protecting privilege during Australian internal investigations: is lawyer work product at risk?

by DLA Piper on

In the long running RBS Rights Issue litigation, the English High Court has recently ruled that notes of interviews of bank employees, prepared by the bank's in-house lawyers who conducted the interviews as part of an...more

Accused of Taking Confidential Information? Five Immediate Steps That Can Limit Risk

by Kobre & Kim on

Disputes over trade secrets and confidential information have increased dramatically in recent years. Often arising after a business hires an employee from a competitor, a proposed acquisition falls through, or information is...more

UK Decision Highlights Potential Privilege Problems in Cross-Border Investigations

by Latham & Watkins LLP on

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,...more

Revenge of the Whistle-blower: Possible Consequences of Compliance Failures

In a company with a robust compliance culture, potential whistleblowers can express their concerns without fear of retribution. By contrast, the penalty for a culture that silences whistleblowers just got steeper. Companies...more

Reserving Privilege for the Few: The High Court Confirms the Narrow Interpretation of “Client” for the Purposes of Legal Advice...

by Latham & Watkins LLP on

Following Three Rivers (No 5) [2003] EWCA Civ 474, the High Court has held that notes of interviews of employees, prepared as part of certain internal investigations by a bank’s solicitors, for the purpose of enabling the...more

High Court Rules That Witness Interview Notes Are Not Covered by Legal Advice Privilege

by Shearman & Sterling LLP on

In December 2016, the English High Court ruled that transcripts, notes and other records of witness interviews prepared by in-house and external counsel in the course of an internal investigation were not covered by either...more

"Cross-Border Investigations Update - December 2016"

This issue of Skadden’s semiannual Cross-Border Investigations Update looks at Brexit’s impact on corporate crime and investigations, the U.S. DOJ’s increased use of forfeiture actions with international implications, current...more

Hiding Behind the Privilege – A Cloak or a Dagger?

by Michael Volkov on

CCOs face many challenges in their jobs. One area that is difficult but usually can be solved with common sense is where to draw the line on attorney-client privilege issues. As a practicing attorney, I can attest to the...more

Attorney-Client Privilege in Washington State No Longer Applies When Employment Ends

by Bracewell LLP on

In order to preserve the attorney-client privilege, counsel who conduct internal investigations begin employee interviews with an “Upjohn Warning”—a disclosure indicating that counsel represents the employer, not the...more

Conducting an Internal Investigation in the PRC? Protect Your Company From the Outset

by Kobre & Kim on

Requests by a company’s counsel to interview company employees as part of internal investigations into potential misconduct are commonplace. But when a U.S. company and its counsel seek to interview citizens working for the...more

Maximizing Work Product Protection After an Ordinary Course Internal Investigation Uncovers Serious Problems that Could Trigger...

by McGuireWoods LLP on

The work product doctrine only protects internal corporate investigations initiated by the corporation's anticipation of litigation. Thus, the protection normally does not extend to investigations required by some external or...more

Dronsfield v University of Reading

by Dentons on

The recent case of Dronsfield v. University of Reading UKEAT/0200/15 has prompted some fairly sensationalist headlines. Take the Evening Standard, for example: "University of Reading art lecturer who had sex with 'vulnerable'...more

Protect the Privilege: Considerations in Employment Investigations

Employers can take many steps to help maximize the likelihood that attorney-client privileged information and work product will be protected in the context of employment-related investigations. In the recent case of City...more

Privilege Considerations in Cyber Incident Response

by Locke Lord LLP on

As with other types of crisis situations, a cyber security incident can generate not only operational issues, but also significant legal exposure. Affected companies should think through the associated privilege issues,...more

Redux - federal agencies attack employment agreements, and what you can do about it: 8 steps to consider

by DLA Piper on

“So we beat on, boats against the current, borne back ceaselessly into the past.” - Reading advance sheets often brings the closing line from The Great Gatsby to mind.  Our alert from April 2015 is being rerun in full...more

The UK’s second DPA: a hopeful judgment

by WilmerHale on

The approval of the Deferred Prosecution Agreement (DPA) between the Serious Fraud Office (SFO) and XYZ Limited (XYZ) by Leveson LJ on 8 July 2016 has generated much breathless commentary, not least because it is only the...more

The European, Middle Eastern and African Investigations Review 2016: United Kingdom: handling internal investigations

by WilmerHale on

With so much potentially at stake, the initial steps and strategic decisions taken in any company investigation are critical to setting the tone for a focused, credible and effective inquiry. This is paramount not only for...more

Personnel Investigation By Outside Attorney Protected From Disclosure In Discovery

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California Court of Appeal holds that (1) an outside attorney’s investigation can be privileged even though the attorney simply investigated facts, and (2) the employer does not waive the privilege simply...more

"The E-Discovery Digest - June 2016"

The fourth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, cost shifting and other e-discovery...more

The UK Bribery Act: SFO Procedures and DPA Process

by Thomas Fox on

A couple of recent articles about the UK Serious Fraud Office (SFO) caught my attention. One was on thebriberyact.com, entitled “Opinion: DPA’s must show greater benefits. We discuss the Criteria & Process for a DPA set out...more

The U.S. Chamber And the Yates Memo On DOJ Cooperation

by Dorsey & Whitney LLP on

Earlier this month Deputy AG Sally Yates defended her controversial memorandum on cooperation in remarks made before the New York City Bar Association White Collar Conference. The memo to which her name is attached redefined...more

Internal Investigations and Privilege: A Redux

by Bennett Jones LLP on

An internal investigation into a workplace accident was privileged, and thus protected from disclosure, the Alberta Court of Queen’s Bench recently held in Alberta v Suncor Energy Inc, 2016 ABQB 264 [Suncor]. The Court found...more

How Does a Company Satisfy the Work Product Motivation Element for Post-Accident Investigations? (Part II)

by McGuireWoods LLP on

Last week's Privilege Point discussed a court's rejection of a work product claim for a routine post-accident incident report. That defendant did not establish that the report was different from reports following accidents...more

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