Following up on our recent blog in a series about internal investigations, investigative attorneys are often engaged, at least in part, for the very purpose of establishing legal privilege over an internal investigation. In other words, they are paid to be paranoid about privilege waivers and their impact on our clients’ legal fortunes.
Can there
Following up on our recent blog in a series about internal investigations, note that Federal Rule of Evidence 502(g) states:
(1) “Attorney-client privilege” means the protection that applicable law provides for confidential attorney-client communications; and
(2) “Work-product protection” means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation
Following up on our recent blog in a series about internal investigations, let us start this one by noting that this problem is real. Between enforcers and the outside auditors, in virtually every internal investigation there will be a request to review a copy of the search term list. In almost every case, lawyers who
Following up on our recent blog as part of a series about internal investigations, some privilege waiver concerns have rarely received much attention. Privilege waiver, however, moved to the front burner in part because of the Biden administration’s decision to move the focus back from Main Street to Wall Street. Whether talking about incoming PCAOB
To kick off our series of blogs about internal investigations, let us note that rarely does a week pass in a white collar investigation – or in an SEC-regulatory outside counsel’s life – that an auditor or government enforcement attorney does not request some interim (or final) read-out. These requests for information can encompass investigative