Preserving the Privilege for In-House Counsel: Internal Investigations and Depositions

Internal investigations involve activities that raise a host of privilege concerns for in-house counsel, including hiring experts, interviewing current and former employees and disclosure to regulators. This second article distilling the takeaways from a recent Strafford panel covers how privilege can be maintained in internal investigations and how to prepare when a litigant seeks to depose in-house counsel. The first article addressed best practices when communicating with in-house counsel and establishing privilege, and how to handle common privilege concerns, such as waivers, auditor reports and mergers. The panel featured attorneys from Venable, Baker Donelson and Bradley Arant. See “Preserving Privilege in Audits and Internal Investigations” (Jun. 3, 2020).

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