Sandusky Meets Upjohn: A Reminder To In House Counsel

Brownstein Hyatt Farber Schreck
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Companies facing a crisis often turn to in house counsel to investigate the facts that precipitated the crisis. In house counsel’s first step often is to interview corporate employees with knowledge of those facts. Experienced in house counsel know that at the outset of the interview they must provide the corporate employee with what is commonly referenced as “Upjohn warnings.” As evidenced by recent judicial decisions, including three stemming from the sordid Sandusky affair, in house counsel’s failure to provide such warnings can have significant consequences.

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