Strategies To Maintain Privilege In Crisis Response Scenarios

Law360 (December 11, 2019, 5:14 PM EST) -- In February 2016, Signet Jewelers Ltd. formed a "strategic communications steering committee" consisting of public relations firms, outside counsel and in-house counsel to "discuss a communications strategy to neutralize the climate of negative and often inaccurate media coverage in light of the legal and reputational risks facing the company."[1] 

Press had reported that Signet had misstated the health of its in-house lending program and permitted widespread sexual harassment.[2] In a subsequent lawsuit alleging that Signet committed securities fraud, Signet sought to withhold communications among the committee members, including communications among "counsel, and the counsel-retained PR firms."[3] 

The court reviewed a portion...

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