Protecting The Privacy Of Privileged Internal Investigations

Law360, New York (August 18, 2017, 12:17 PM EDT) -- Internal investigations by outside counsel are an essential tool for corporations to ensure they are compliant with governing regulations and statutes, particularly when they are faced with allegations of potential wrongdoing. And protecting confidential attorney-client communications and attorney work product is crucial to secure candid participation in the investigation. A federal district court recently held, however, that a corporate defendant waived the privilege as to the subject matter of internal interview memoranda because it later published a report that quoted them. But other courts considering the...
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