Protecting Privilege, Work-Product During Investigations

By Eric Gorman, Skadden Arps Slate Meagher & Flom LLP (May 8, 2017, 12:14 PM EDT) -- When companies conduct investigations that remain strictly internal, maintaining confidentiality is straightforward. But many investigations are conducted in cooperation with U.S. government regulators, which expect companies to share information learned during those investigations. In such situations, maintaining the attorney-client privilege and attorney work-product protection — especially against possible third-party litigants pursuing individual claims — can be challenging....

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