News & Analysis as of

Fraud Work-Product Doctrine

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
McGuireWoods LLP

The Crime-Fraud Exception Can Apply to Innocent Lawyers' Communications

McGuireWoods LLP on

The crime-fraud exception can strip away privilege protection from communications in which lawyers further their clients' future wrongful conduct. Under the majority approach, the adversary must (1) first meet a fairly low...more

Carlton Fields

The Ethics of Internal Investigations, Domestic and Abroad: Protecting the Attorney Client Privilege during Internal...

Carlton Fields on

The attorney-client privilege and the work product doctrine are two of the oldest and most sacrosanct privileges in the law. The attorney-client privilege protects the functioning of the attorney and client...more

Sheppard Mullin Richter & Hampton LLP

Court Broadens Confidentiality of Investigations - D.C. Circuit extends privilege in internal corporate probes, but inconsistent...

You are counsel to a government contractor that is conducting an internal investigation into possible fraud. Federal mandatory disclosure obligations require an investigation, as does the need to gather facts to seek legal...more

Sheppard Mullin Richter & Hampton LLP

Proceed with Caution: D.C. District Court Says Attorney-Client Privilege and Work Product Doctrine Do Not Survive Internal Fraud...

On March 6, 2014, the District Court for the District of Columbia issued an opinion in United States ex rel. Barko v. Halliburton Company et al. that should serve as a wake-up call for all companies conducting internal...more

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