By Tirzah Lollar and Erica Connolly (July 6, 2017, 11:53 AM EDT) -- In twin rulings in May, district courts in Washington, D.C., and the Western District of Arkansas ordered the production of memoranda and reports created during corporate internal investigations over the investigating parties' privilege objections. Both courts determined that the parties failed to meet the burden of establishing that the attorney-client privilege or work-product immunity applied. These cases make clear that when it comes to privilege, facts matter. Developing an early record of the purpose of an investigation and the involvement of lawyers is crucial to establishing and maintaining privilege over the records eventually created....