News & Analysis as of

Internal Investigations Work-Product Doctrine

Skadden, Arps, Slate, Meagher & Flom LLP

Balancing Act: Sharing Information From an Internal Investigation Without Waiving Privilege

A whistleblower has triggered a race against time: An internal inquiry, directed by the audit committee and overseen by external counsel, has been launched in response to allegations that revenue was recorded without proper...more

Jenner & Block

Protecting Confidential Legal Information: A Handbook Analyzing Issues under the Attorney-Client Privilege and the Work Product...

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I. THE ATTORNEY-CLIENT PRIVILEGE - Historically, the attorney-client privilege developed upon two assumptions: (1) good legal assistance requires full disclosure of a client’s legal problems; and (2) a client will only ...more

Rumberger | Kirk

Protecting Attorney-Client Privilege and Attorney Work-Product During Internal Investigations

Rumberger | Kirk on

Suppose your company suspects an employee broke the law, perhaps even using company property to do so. The company decides to conduct an internal investigation. If your company is sued because of the employee’s conduct,...more

Butler Snow LLP

Company Cooperation Leads to Criminal Discovery

Butler Snow LLP on

When a company discovers that a crime may have been committed by individuals within the company, or is alerted by the government of that possibility, the company will often hire an outside law firm to conduct an internal...more

King & Spalding

Cooperation Credit and Attorney-Client Privilege: The Implications of Coburn

King & Spalding on

Cognizant Technology’s Privilege Waiver - On February 1, 2022, the District of New Jersey ordered a company to produce internal investigation materials to two former executives indicted in connection with an alleged foreign...more

World Law Group

Internal Investigations in the Asia-Pacific Region

World Law Group on

Members of WLG's Compliance & Investigation Group hosted a panel discussion on Internal Investigations in the Asia-Pacific Region. We heard from member firms in Australia, China, Japan, Singapore, South Korea, and Vietnam....more

World Law Group

[Webinar] Internal Investigations in the Asia-Pacific Region - December 8th, 1:00 pm GMT

World Law Group on

Join World Law Group's Compliance & Investigations Group for a panel discussion on Internal Investigations in the Asia-Pacific Region. Panelists in Australia, China, Japan, Singapore, South Korea, and Vietnam will address...more

Reveal

5 Best Practices For Protecting Sensitive Information During An Investigation

Reveal on

Organizations are feeling the pinch of compliance like never before as government agencies at every level are scrutinizing their business affairs more closely and issuing more regulations. To meet their compliance...more

Bass, Berry & Sims PLC

Reminder: When Are Communications with Corporate Counsel Privileged?

Bass, Berry & Sims PLC on

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

Verrill

The Massachusetts Supreme Judicial Court Clarifies the Contours of the Attorney-Client Privilege and Work Product Doctrine in...

Verrill on

In Attorney General v. Facebook, Inc., No. SJC-12496 (March 24, 2021),[i] the Massachusetts Supreme Judicial Court clarified the scope of protection afforded by the attorney-client privilege and the work product doctrine to...more

Goodwin

Conducting Internal Investigations: In-House Counsel’s Guide

Goodwin on

Whether you are a director, or a member of an in-house legal, human resources, or internal audit team, there are sensitive scenarios that occur daily in companies and charitable organizations across industries that trigger...more

Brooks Pierce

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

Brooks Pierce on

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

Miles & Stockbridge P.C.

Can You Use Outside Counsel to Preserve Work Product Protection for A Forensic Breach Report?

The answer, maybe, but it depends on the facts in each case. Merely because a company has its outside legal counsel directly retain a third party service provider for an incident response, i.e., digital forensics, does not...more

Snell & Wilmer

Internal Investigations in the Time of COVID-19: Preserving Attorney-Client Privilege, Work Product, and Confidentiality

Snell & Wilmer on

Benjamin Franklin once said, “The handshake of the host affects the taste of the roast.” He was right: a simple handshake introduction can be telling, not least of all in the context of internal investigations. Most obvious,...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

Farella Braun + Martel LLP

Protecting Your Internal Intellectual Property Investigation: Privilege and Work Product Under California and Federal Law

As California begins preparing to ease shelter-in-place restrictions, the state’s technology industry is facing the most challenging economic circumstances in recent memory. The state’s technology companies may place new...more

Hogan Lovells

Protecting attorney work product in internal investigations: A cautionary tale

Hogan Lovells on

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...

WilmerHale on

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

Internal Corporate Investigations May Deserve Work Product Protection If They Differ From The Corporation's Normal Procedures:...

McGuireWoods LLP on

Last week's Privilege Point described a court's finding that the work product doctrine protected a corporation's investigation of a gender and age discrimination claim -- because the investigation was neither "routine nor...more

Eversheds Sutherland (US) LLP

Legal privilege of corporate internal investigations under US law - 2019 caselaw update

Understanding the boundaries of legal privilege in corporate internal investigations is critical. When counsel, either internal or external, misunderstands these boundaries, the result can be disastrous....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

Porter Hedges LLP

Alert: "Tips For Conducting An Effective Internal Investigation" [Part 2]

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In our last alert, we discussed three tips to ensure an effective internal investigation: (1) develop and follow internal policies; (2) identify the audience that will evaluate and make decisions at the outset of the...more

Littler

How to Conduct an International Internal Investigation

Littler on

Imagine an anonymous worker at a multinational’s Egypt factory contacts the global whistleblower hotline and accuses the Cairo plant manager of dumping chemicals into the Nile. Or imagine the manager of a bank’s Mexico City...more

Brooks Pierce

The impact of society’s demands for transparency on internal investigations and their investigators

Brooks Pierce on

There has been much attention — and rightfully so — on the impact of the #MeToo movement within the workplace. That impact has significantly changed employment policies and practices from large national corporations to small...more

Locke Lord LLP

Internal Investigations: The Three C’s – Confidence. Credibility. Cost.

Locke Lord LLP on

Boards of Directors and management at companies of all sizes face a common problem: they need to make decisions that are best for the company and in order to do so they need to know the facts — the pleasant and the unpleasant...more

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