Key Discovery Points: Navigating Clawbacks When In-House Counsel Are Included
False Claims Act Insights - Is DOJ Allowed to Share Privileged Documents with Whistleblowers in FCA Disputes?
[Podcast] Defining Our Vision and Values
DE Under 3: OFCCP Walks Back Its Earlier “Pay Equity” Directive
JONES DAY TALKS®: International Litigation: Confidentiality and Legal Privilege under French Law
Podcast - Finding the Balance
Writing a book as a Big Law partner - Legally Contented Ep. 2 - Christopher Ruhland
Podcast - A Tortured Journey with the Lying Witness
Internal Investigations in the Asia-Pacific Region
Cyberside Chats: Preserving Legal Privilege After a Cybersecurity Incident
CyberSide Chats: Yes, you needed a cyber attorney a long time ago (with Erik Weinick)
Client Confidentiality in the Age of Coronavirus [More with McGlinchey Ep. 2]
Jones Day Presents: Strategies for Dealing with the IRS: The IRS Examination
Day 15 of One Month to Better Investigations and Reporting-the Parameters of Privileges
Day 2 of One Month to Better Investigations and Reporting-Selection of Investigative Counsel
Your Cyber Minute: Attorney-client privilege in the midst of a cybersecurity breach
Insurance Companies and the Attorney-Client Privilege in Arizona
Attorney Client Privilege
Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
Do You Need A Lawyer for a Federal Grand Jury Subpoena?
When a corporate crisis hits, attorneys often bring in investigators and PR consultants to uncover facts and manage reputational risk. But without the right structure, those critical communications may not be protected by...more
When a company discovers that a crime may have been committed by individuals within the company, or is alerted by the government of that possibility, the company will often hire an outside law firm to conduct an internal...more
Cognizant Technology’s Privilege Waiver - On February 1, 2022, the District of New Jersey ordered a company to produce internal investigation materials to two former executives indicted in connection with an alleged foreign...more
Introduction - Privilege assertions and waivers are a hot area for internal investigations and government proffers. One burning question centers around whether a party may claim privilege over materials that it furnished to...more
In a high-profile dispute between federal prosecutors and the Los Angeles Angels relating to criminal charges filed in the aftermath of a tragic overdose and death of an Angels pitcher, the government went on the offensive...more
To foster open and honest communications with counsel, it is critically important that those communications are protected from disclosure by the attorney-client privilege. But, not every communication with counsel is...more
Whether you are a director, or a member of an in-house legal, human resources, or internal audit team, there are sensitive scenarios that occur daily in companies and charitable organizations across industries that trigger...more
In United States ex rel. Wollman v. Massachusetts Gen. Hosp., Inc., No. CV 15-11890-ADB, 2020 WL 4352915 (D. Mass. July 29, 2020), yet another district court agreed with the U.S. Court of Appeals for the District of Columbia...more
Judge Davis of the BLS ordered Facebook to produce documents to Massachusetts Attorney General Maura Healey (AG). The AG obtained the order while investigating Facebook’s policies and protections related to user data. The...more
While much of the corporate legal world has been focused on the effects of the COVID-19 pandemic, a little-noticed case working its way through the federal courts in Washington, D.C. threatens to whittle down the scope of...more
As California begins preparing to ease shelter-in-place restrictions, the state’s technology industry is facing the most challenging economic circumstances in recent memory. The state’s technology companies may place new...more
Understanding the boundaries of legal privilege in corporate internal investigations is critical. When counsel, either internal or external, misunderstands these boundaries, the result can be disastrous....more
A company’s general counsel learns that an executive assistant has made an internal report of sexual harassment against the CEO. Given the allegations and people involved, the GC personally investigates the report and...more
The Situation: On August 22, 2019, the German Ministry of Justice and Consumer Protection presented the draft Corporate Sanctions Act ("CSA"), a bill that would establish corporate criminal liability in Germany. The...more
At this year’s Ward and Smith In-House Counsel Seminar, two of the firm’s white collar defense attorneys walked the attendees through a role-playing exercise designed to help them understand key nuances and risks that...more
The United States District Court (Western District of Oklahoma) addressed in a January 11th Order the potential application of the attorney-client privilege and work product doctrine to certain documents generated by...more
On November 8, 2017, Suzzanne W. Decker, a Principal in the Miles & Stockbridge Labor, Employment, Benefits & Immigration practice group, and Sandra McLelland, Managing Counsel at Under Armour, presented a webinar to members...more
Seyfarth Synopsis: A recent decision out of the U.S. District Court for the District of Columbia serves as a helpful reminder on the difficulties of maintaining privilege during internal company investigations. But with a...more
A recent English decision on privilege has cast doubt on the legal protection provided to lawyers' work product when assisting corporate clients with internal investigations. In The Director of the Serious Fraud Office v...more
Corporations should take steps to ensure their internal investigations are not used against them in English litigation. A recent decision in an English court could have important consequences for internal corporate...more
A recent decision by Judge Rosemary M. Collyer of the U.S. District Court for the District of Columbia is a stark reminder that neither the attorney-client privilege nor the work product doctrine automatically protects...more
A recent case in Pennsylvania reminds companies to think carefully about sharing their attorney-client communications with third parties, such as public relations firms. On March 13, a unanimous three-judge panel of the...more
7 steps companies can take to maximize privilege protections under US and English law. Key Points: ..In a recent case, an English court stated that privilege did not apply to notes of employee interviews,...more
Employers can take many steps to help maximize the likelihood that attorney-client privileged information and work product will be protected in the context of employment-related investigations. In the recent case of City...more
Seyfarth Synopsis: California Court of Appeal holds that (1) an outside attorney’s investigation can be privileged even though the attorney simply investigated facts, and (2) the employer does not waive the privilege simply...more