Treat Internal Investigation Search Term List As Work Product

By Markus Funk and Chelsea Curfman (May 26, 2020, 5:11 PM EDT) -- COVID-19 and the resulting government-mandated social distancing and "safer-at-home" orders are rapidly accelerating what even without the pandemic was a rapidly expanding shift toward remote working arrangements for large portions of the world's workforce. And this change predictably has been accompanied by a further increase in the already-exploding volume of electronic data created and stored by businesses every day.

For internal investigators, that means even more data to parse and review. It, therefore, seems an appropriate time to address an ongoing debate regarding whether, in the context of internal investigations, search term lists are protected by the attorney work-product doctrine. (We...

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