News & Analysis as of

Audits Work-Product Doctrine

Venable LLP

Pay Audits: Factors Employers Should Consider to Maintain and Protect Privileges

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​​​​​​​Companies conduct pay audits for a variety of reasons—whether it's to ensure the company is meeting certain benchmarks, to comply with audit requirements under state or federal laws, to promote or improve workplace...more

Bricker Graydon LLP

New guidance on the attorney-client privilege & work product status of pay equity audits

Bricker Graydon LLP on

If your college or university maintains contracts with the federal government, you are likely aware of the possibility that the Department of Labor, through its Office of Federal Contract Compliance (“OFCCP”), may assess...more

Mintz Edge

Six Common Contract Traps: A Field Guide

Mintz Edge on

The situation is a common one. Your company is in the midst of a sales process with a potential customer, and the business principals have decided on the core order form terms — pricing, term, services specifics, and the...more

Fisher Phillips

Federal Court Provides 5-Step Roadmap For Ensuring Your Pay Equity Audits Are Confidential

Fisher Phillips on

Employers conducting internal pay equity audits now have a roadmap for ensuring that their pay equity audits remain confidential in the wake of pay equity litigation. Thanks to a recent federal court ruling from an Oregon...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recurring Issues in Accounting for Litigation Contingencies

Certain questions seem to recur when it comes to outside counsel’s communications with a company’s auditors about potential exposures as a result of litigation or regulatory/enforcement matters and the underlying accounting...more

Proskauer - Corporate Defense and Disputes

Second Circuit Upholds Common-Interest Privilege for Borrower’s Sharing of Legal Advice with Consortium of Lenders

The Second Circuit held last week that a borrower did not waive the attorney-client privilege by providing documents to a consortium of lender banks that shared a common legal interest with the borrower in the tax treatment...more

McGuireWoods LLP

Court Condemns Law Firm's Privilege Claim as "Subterfuge": Part II

McGuireWoods LLP on

Last week's Privilege Point described an outside regulatory compliance consultant's work for a company which worried about its non-compliant billing practices and about possible litigation, that consultant's later agreement...more

Davis Wright Tremaine LLP

It Is Easy to Lose the Privilege Protecting Audit Documents

In a recent case, documents related to an audit which was described in internal correspondence as being done to assess general compliance were not privileged in later civil litigation since the Court found: (1) the audit was...more

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