Attorney-Client Privilege and Work Product Doctrine in Internal Investigations: Latest Developments for Corporate, Securities and White-Collar Attorneys
Program Number
Program Date
CLE Credits
Today, corporations routinely conduct internal investigations, and those investigations serve a multitude of different purposes. In many circumstances, the corporation intends to conduct the investigation in such a way that communications will be protected by the attorney-client privilege and/or the attorney work product doctrine. Waiver of those protections, however, remains a possibility if the investigation isnt designed and conducted with an eye to preserving privileges. In this program, Jones Day partner Evan P. Singer will (i) review fundamentals of attorney-client privilege and attorneys work product, including their application in ABA Model Rule 1.06 (Confidentiality of Information), ABA Model Rule 1.13 (Organization as Client), Federal Rules of Evidence 501, 502, Federal Rule of Civil Procedure 26(b)(3), as well as certain foundational cases, including Upjohn and In re KBR, (ii) discuss more recent cases discussing the application and potential waiver of attorney-client privilege and/or work product in the context of internal investigations, and (iii) provide some practical considerations in conducting investigations that can help to maintain privilege and avoid waiver pitfalls.
Available in States
- California
- Georgia
- New Jersey
- New York
- Texas Self Study
Program Categories
- Administrative Law & Regulations
- Business Organizations & Contracts
- Constitutional Law
- Criminal Law & White Collar
- Ethics & Professionalism
- Federal Courts
- In-House Counsel
- Law Practice Management
- Professional Development
- Trial Skills
- White Collar
PROGRAM CREDITS
- Legal Ethics : 1 Credit
