News & Analysis as of

Upjohn Warnings Internal Investigations

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

Locke Lord LLP

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

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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

The Volkov Law Group

How to Audit Your Internal Investigation Program (Part II of III)

The Volkov Law Group on

As an initial step, an audit of an internal investigation program requires a detailed understanding of the operation of a company’s internal investigation program. ...more

Locke Lord LLP

Internal Investigations: The Three C’s – Confidence. Credibility. Cost. May 2019

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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

Jackson Lewis P.C.

Guideposts For Successful Internal Investigations: Part 2 – Commencing And Concluding The Investigation

Jackson Lewis P.C. on

Part 1 of this two-part series explored the five steps to consider before and at the start of any internal investigation. The next five steps focus on conducting and concluding the investigation and will help guide a...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

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

K&L Gates LLP

K&L Gates Triage: Internal & External Health Care Investigations Part 2

K&L Gates LLP on

In Part 2 of our series on health care investigations, Mark Rush and John Lawrence continue the discussion on internal investigations. Specifically, the episode walks through how to conduct an internal investigation,...more

Bracewell LLP

Attorney-Client Privilege in Washington State No Longer Applies When Employment Ends

Bracewell LLP on

In order to preserve the attorney-client privilege, counsel who conduct internal investigations begin employee interviews with an “Upjohn Warning”—a disclosure indicating that counsel represents the employer, not the...more

Carlton Fields

Keep This Between Us—and the Government: Confidentiality of Witness Interviews in Corporate Internal Investigations

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Internal investigations into suspected employee wrongdoing are particularly tricky for in-house counsel, who must protect corporate confidentiality, be mindful of regulatory reporting requirements, and respect labor...more

Parker Poe Adams & Bernstein LLP

New DOJ Corporate Prosecution Guidelines

On September 9, 2015, United States Deputy Attorney General Sally Yates released a memorandum titled “Individual Accountability for Corporate Wrongdoing,” the latest in a series of corporate prosecution guidelines written by...more

Saul Ewing Arnstein & Lehr LLP

D.C. Circuit Once Again Upholds Privilege Over Internal Investigation Documents

In United States ex rel. Barko v. Halliburton Co. et al., a qui tam suit we previously covered, the District of Columbia Circuit Court of Appeals once again ruled that defense contractor KBR Inc.’s internal investigation...more

Sheppard Mullin Richter & Hampton LLP

Whew! That Was Close – D.C. Circuit Reaffirms Application of Attorney-Client Privilege and Attorney Work Product Doctrine in...

On August 11, 2015, the U.S. Court of Appeals for the D.C. Circuit issued a writ of mandamus supporting the robust applicability of the attorney-client privilege and attorney work product doctrines in the context of False...more

Morrison & Foerster LLP

Three Key Takeaways from DOJ’s New Yates Memo on Individual Accountability for Corporate Wrongdoing

During a September 10, 2015 conference at New York University, Deputy Attorney General (DAG) Sally Quillian Yates announced new Department of Justice (DOJ or the Department) policy that could significantly affect the way that...more

Alston & Bird

“Individual Accountability for Corporate Wrongdoing”: The Yates Memo and the DOJ’s Focus on Individuals

Alston & Bird on

On September 9, 2015, the Department of Justice issued a memo (“Individual Accountability for Corporate Wrongdoing”) to federal prosecutors nationwide implementing new policies that—for the first time—prioritize the...more

Orrick - Employment Law and Litigation

D.C. Circuit Confirms: Attorney-Client Privilege Applies to Internal Investigations of Whistleblower Complaints Conducted at the...

The ability to preserve privilege for highly sensitive internal investigations conducted at the direction of attorneys is alive and well. In a closely watched decision on the scope of the attorney-client privilege as applied...more

Faegre Drinker Biddle & Reath LLP

Appeals Court Decision Protects Attorney-Client Privilege in Internal Investigation

In In re Kellogg Brown & Root, Inc., et al., No. 14-5319 (D.C. Cir. August 11, 2015), the Court reversed a district court’s ruling that KBR waived these protections by using materials created in the course of a privileged...more

Snell & Wilmer

D.C. Circuit Weighs In Once Again in KBR Privilege Fight

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In the ongoing saga which has been the subject of a previous post on this blog, a three-judge panel of the D.C. Circuit Court of Appeals has once again found that the district court erred in ordering the production of the...more

Foley & Lardner LLP

A Review of Recent Whistleblower Developments

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SEC Awards Another Whistleblowing Compliance Officer - On April 22, 2015, the Securities and Exchange Commission (SEC) announced an award between $1.4 and $1.6 million to a compliance officer who provided information...more

Locke Lord LLP

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

Locke Lord LLP on

In this issue: - THE THREE C’S — CONFIDENCE, CREDIBILITY AND COST - WHO CONDUCTS THE INVESTIGATION? - SCOPE OF THE INVESTIGATION - MINDSET AT THE OUTSET OF AN INVESTIGATION - THE NEED FOR SPEED ...more

Moore & Van Allen PLLC

D.C. Circuit Clarified 4 Critical Factors Regarding Attorney-Client Privilege in Corporate Internal Investigations, Finding...

Moore & Van Allen PLLC on

In a recent post, we discussed the D.C. Circuit’s consideration of the District Court’s decision in U.S. ex.rel Barko v. Halliburton Co. et al., Case No. 05-01276 (D.D.C. 2014), which provided an alarming perspective on the...more

Dechert LLP

Preservation of Legal Privilege in Corporate Investigations – A Cross Border Comparison

Dechert LLP on

A D.C. Circuit decision (In re Kellogg Brown & Root, Inc.) has confirmed privilege over employee statements during in-house investigations. Can the world take comfort? This article examines privilege in the context of...more

Mintz - Employment, Labor & Benefits...

A Recent D.C. Circuit Court of Appeals Decision Calms Employer Fears that Internal Investigations May Not Be Privileged and Lays...

A recent decision from the D.C. Circuit Court of Appeals, one of the most important courts in the nation, reaffirmed that a company’s internal investigations—if structured properly—are protected from disclosure in litigation...more

Dorsey & Whitney LLP

D.C. Circuit grants petition for mandamus and strongly reaffirms attorney-client privilege for internal investigations

Dorsey & Whitney LLP on

The attorney-client privilege has long protected attorney-client communications made during the course of an internal investigation. Upjohn Co. v. United States, 449 U.S. 383 (1983). Of course, the privilege encourages “full...more

Butler Snow LLP

Unforced Errors Under Upjohn

Butler Snow LLP on

Over thirty years ago, the Supreme Court clarified how the attorney-client privilege applies to records of internal investigations in Upjohn v. United States, 449 U.S. 383 (1981). Yet putting the principles of Upjohn into...more

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