Attorney-Client Privilege and Work Product Doctrine in Internal Investigations: Latest Developments for Corporate, Securities and White-Collar Attorneys

28 Jul , 2021

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Today, corporations routinely conduct internal investigations, often inside and outside the United States, 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 isn’t designed and conducted with an eye to preserving privileges. 

In this program, Jones Day partners Evan P. Singer, Joshua S. Roseman and Arielle S. Tobin will discuss – 

  • 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 In re Kellogg Brown & Root, 
  • possible implications of non-U.S. privilege laws on cross-border transactions, 
  • recent cases discussing the application – and potential waiver of privilege and/or work product in the context of internal investigations, including Attorney General v. Facebook and U.S. ex rel Wollman v. Mass. General Hospital, Inc., and 
  • provide practical considerations in conducting investigations that can help to maintain privilege and avoid waiver pitfalls.

To register for the upcoming live webinar, please Click Here

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