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Expert Analysis

Investigations Can Capsize Attorney-Client Privilege

Law360, New York (December 11, 2013, 6:29 PM EST) -- Most employers understand the basics about sexual harassment claims. They know that an employee's sexual harassment allegations have to be investigated, that a reasonable investigation can be a defense for the employer, that legal advice related to an employer's investigation and follow-up actions can be crucial and that the privileged nature of advice from the employer's lawyer generally should be protected. It is in that context that a recent federal court decision sends a chilling reminder that the attorney-client privilege can be waived inadvertently when the employer's legal adviser becomes overly involved in the employer's investigation....

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