Companies expect that internal investigations conducted by counsel will be protected by the attorney-client privilege. But ensuring confidential information stays that way requires careful planning and attention throughout the matter. Protecting the Privilege: Strategies for Protecting the Attorney-Client Privilege and Attorney Work Product highlights some common risks to legal privileges and offers practical suggestions to avoid or limit these risks. These include clearly documenting the investigation’s purpose; writing and labeling documents in ways that maximize protection; and paying close attention to what information should or should not be shared with outside parties, such as consultants, auditors, joint-defense counsel, and government regulators.
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