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Attorney-Client Privilege Internal Investigations Discovery

Epiq

2023 eDiscovery Case Law Review

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January is a time to set goals and ponder what the new year will bring. It is also a time to think about what happened last year. In the world of litigation, it is important for lawyers and eDiscovery professionals to take...more

HaystackID

Navigating International Discovery Restrictions: Seven Recommendations

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Background Note: International discovery exercises and investigations can be a complex and challenging process for cybersecurity, information governance, and eDiscovery professionals. Navigating the different laws and...more

Reveal

Conducting Internal Investigations in the US vs. the UK: key differences & best practices

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These days, companies are investing more effort in conducting thorough internal investigations to root out and resolve issues of misconduct and prevent their recurrence. There are many factors behind this trend. With the rise...more

Jackson Lewis P.C.

To Be (Discoverable), or Not to Be: Notetaking During an Attorney’s Internal Investigation

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Introduction- Picture this: you are on-site at a new client’s headquarters for a weeklong hostile work environment investigation into several internal complaints made against the CEO and CFO. This is the first engagement...more

Bass, Berry & Sims PLC

Reminder: When Are Communications with Corporate Counsel Privileged?

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To foster open and honest communications with counsel, it is critically important that those communications are protected from disclosure by the attorney-client privilege. But, not every communication with counsel is...more

Lighthouse

Privilege Mishaps: Lessons Learned

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Paying attention to the right facts, processes, methods, and tools when asserting attorney-client privilege will help avoid mishaps like these.  Discovery in litigation or investigations invariably leads to concerns over...more

Brooks Pierce

North Carolina Business Court Ruling Could Impact the Ability of Businesses to Assert Attorney-Client Privilege Over...

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A ruling issued by the North Carolina Business Court last month could have a significant impact on the ability of North Carolina companies and counsel to assert the attorney-client privilege over communications exchanged in...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC v. RPM International — A Cautionary Case Study on the Limits of Attorney-Client Privilege and Work-Product Protection

While much of the corporate legal world has been focused on the effects of the COVID-19 pandemic, a little-noticed case working its way through the federal courts in Washington, D.C. threatens to whittle down the scope of...more

Hogan Lovells

Protecting attorney work product in internal investigations: A cautionary tale

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On May 1, 2020, the D.C. Circuit denied RPM International’s petition for a writ of mandamus to vacate a district court order compelling disclosure of interview memoranda prepared by outside counsel to the Securities and...more

WilmerHale

United States Court of Appeals for the District of Columbia Denies Petition for Mandamus Seeking to Protect Privilege When Company...

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A mandamus petition is an extraordinary remedy that seeks to compel a lower court to take action in extraordinary cases. The U. S. Court of Appeals for the District of Columbia has twice granted mandamus petitions vacating...more

McGuireWoods LLP

Privilege Issues In High-Profile Corporate Sexual Harassment Case: Part I

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The Southern District of New York (Magistrate Judge Gorenstein) issued an extensive privilege decision with several favorable analyses in a high-profile corporate sexual harassment case. In Parneros v. Barnes & Noble, Inc.,...more

ArentFox Schiff

Employers Beware: Investigation Reports May Not Be Shielded by the Attorney-Client Privilege

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The Massachusetts Superior Court’s recent decision in Burke v. The General Hospital Corp. et. al., provides critical insight into the limitations of the attorney-client privilege as it applies to investigation reports...more

Orrick - Employment Law and Litigation

SDNY Offers Practical Lessons in Preserving Attorney-Client Privilege and Work Product Protection for In-House Counsel

A company’s general counsel learns that an executive assistant has made an internal report of sexual harassment against the CEO. Given the allegations and people involved, the GC personally investigates the report and...more

Troutman Pepper

Protecting the Privacy of Privileged Internal Investigations

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Internal investigations by outside counsel are an essential tool for corporations to ensure they are compliant with governing regulations and statutes, particularly when they are faced with allegations of potential...more

The Volkov Law Group

Internal Investigations: Protecting the Attorney- Client Privilege

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I like to repeat myself – attorneys are valuable for only two reasons: (1) attorney-client privilege; and (2) advice of counsel defense. I know I am not supposed to denigrate my profession but these are two important reasons,...more

Seyfarth Shaw LLP

Got Privilege? When It Comes to Internal Investigations, Think Again …

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Seyfarth Synopsis: A recent decision out of the U.S. District Court for the District of Columbia serves as a helpful reminder on the difficulties of maintaining privilege during internal company investigations. But with a...more

Troutman Pepper

Sharing Legal Communications With PR Firm Raises Privilege Issues for Hospital

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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

A&O Shearman

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

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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

Seyfarth Shaw LLP

Personnel Investigation By Outside Attorney Protected From Disclosure In Discovery

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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

Skadden, Arps, Slate, Meagher & Flom LLP

"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 issues....more

PilieroMazza PLLC

Preserving the Attorney-Client Privilege when Conducting an Internal Investigation

PilieroMazza PLLC on

You may recall that, back in July 2014, we advised that the D.C. Circuit Court of Appeals had overturned a D.C. District Court decision in a False Claims Act case that required the results of an internal investigation, which...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

King & Spalding

Business Lit Ledger - Fall 2015

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In this Fall issue of our newsletter, you will find a review of several significant legal developments. For example, our antitrust group reviews actions taken by the Federal Trade Commission and the Department of Justice...more

Morrison & Foerster LLP

KBR And Maintaining Privilege Throughout Investigations

Last month, for the second time, the D.C. Circuit in In re Kellogg Brown & Root Inc., No. 14-5319, slip op. (D.C. Cir. Aug. 11, 2015), granted a writ of mandamus sought by KBR and vacated a series of district court orders...more

Proskauer - Corporate Defense and Disputes

Scope of Attorney-Client Privilege And Work Product Doctrine In Internal Investigations Clarified

The scope of the attorney-client privilege and work product doctrine for internal investigation reports has once again been clarified by the D.C. Circuit in a False Claims Act case against defense contractor KBR, Inc. In its...more

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