Making Disclosures To Auditors Without Waiving Privilege

Law360, New York (May 5, 2017, 9:41 AM EDT) -- When reviewing a corporation's financial statements and internal controls, independent auditors frequently request copies of materials that were prepared for ongoing or anticipated litigation. Auditors may wish to examine reports from internal investigations, legal opinions addressing potential liabilities, or presentations about prospective litigation prepared for the board of directors, among other materials. Indeed, it is becoming more and more common for auditors to conduct their own "shadow investigation" of a company's internal investigation and, as part of that shadow investigation, to request access to the internal investigation's underlying work product: the collection of documents that the company's lawyers have deemed "key,"...

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