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Investigations Attorney-Client Privilege

BCLP

Privilege And Iniquity, Whistleblowing Reports, Discrimination As A Repudiatory Breach And A News Round-Up

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Our employment law update for August covers a case about the iniquity exception to legal privilege, a whistleblowing case involving a long-delayed judgment and third party reports, and a case on whether discriminatory actions...more

StoneTurn

Safeguarding Privilege Between Counsel and Investigations and Crisis Communications Consultants

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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

Allen Barron, Inc.

Is it Too Late to Correct Past FBARs and File Amended Returns with the IRS?

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Is it too late to correct past FBARs and file amended returns with the IRS? The net is closing in on U.S. taxpayers with unreported or under-reported domestic and offshore income and assets. The IRS has increased audits in...more

Proskauer Rose LLP

DOJ Messaging App Warnings Undermine Trust In Counsel

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In the last several months, the Antitrust Division of the U.S. Department of Justice has been issuing increasingly ominous warnings to companies and executives about the consequences of not preserving ephemeral messaging and...more

Array

This Week in eDiscovery: EDRM Guidelines for GDPR Compliance, What Information is Enough for a Privilege Log, and More

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of April 1-7. Here’s what’s...more

McGuireWoods LLP

Can Any Data Breach Investigation Report Deserve Protection? Part III

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The last two Privilege Points have described yet another losing effort to protect a data breach investigation and related communications. In Leonard v. McMenamins Inc., Case No. C22-0094-KKE, 2023 U.S. Dist. LEXIS 217502...more

A&O Shearman

Top challenges for white collar crime and investigations lawyers in 2024

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We asked our global white collar crime team for their views on the key challenges in 2024 for in‑house investigations teams and white collar crime lawyers, and how to manage the associated risks. Here is what they said. ...more

Butler Snow LLP

Conducting A Prelitigation Investigation

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Litigation attorneys are constantly bombarded with news of trial victories and defeats – millions of dollars awarded in damages in one case while a defense verdict is achieved in another. Although some attorneys may read...more

Jackson Lewis P.C.

Strategies for Investigating Misconduct Against Superstars, C-Suite Employees in Retail Industry

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In the retail industry, when superstars, C-suite employees, and other high-achieving individuals are accused of misconduct, the company has a significant management challenge to address the situation in an unemotional,...more

McDermott Will & Schulte

[Hybrid Event] Healthcare Litigation, Compliance and Investigations Forum 2023 - November 1st, Chicago, IL

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McDermott’s Healthcare Litigation, Compliance and Investigations Forum is back when you need it the most. Heightened regulatory scrutiny and enforcement activity pose legal, financial and reputational risks for healthcare...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Fundamentals of Compliance Investigations - November 28th - 29th, 10:00 am - 2:00 pm CT

Gain the tools you need to lead investigations with confidence! Get guidance from experienced practitioners on the core principles of conducting effective compliance investigations. You’ll receive comprehensive instructions...more

Health Care Compliance Association (HCCA)

Supreme Court leaves open a major risk to internal corporate communications

It is commonplace for attorneys and compliance officers (particularly those who are also attorneys) to receive communications from clients that have more than one purpose. Take, for example, a doctor who calls a friend and...more

Foley & Lardner LLP

Insider Threat Investigations: Considerations for Employers to Effectively Manage the Threat

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“Insider threats” can come in various forms — fraud, embezzlement, theft of confidential information, failures to follow policy, and more. Employers regularly face threats to their businesses, but when the threat comes from...more

HaystackID

Navigating International Discovery Restrictions: Seven Recommendations

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Background Note: International discovery exercises and investigations can be a complex and challenging process for cybersecurity, information governance, and eDiscovery professionals. Navigating the different laws and...more

Butler Snow LLP

Paralegals – A Lawyer’s Best Friend

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The practice of law is increasingly complex, and lawyers can use all the support they can get. Paralegals often play a large role on legal teams, providing invaluable support to lawyers. But this begs some questions: What are...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Essentials of Compliance Investigations Conference - October 25th - 26th, 10:00 am - 2:05 pm CDT

Learn the core principles of conducting effective compliance investigations so that you're prepared next time you are called upon. Receive detailed and valuable information from experienced investigators: Meric Bloch and...more

Gray Reed

Guidelines for Protecting Privilege in Tax Cases

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Lawyers, tax or otherwise, understand that privileged information must be protected to encourage a full and frank dialogue that might not occur without confidentiality.1 Tax information, in particular, contains some of the...more

King & Spalding

US/UK Investigations Comparative Note

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King & Spalding’s April Client Alert provided an overview of and practical advice related to issues that an employer should consider before conducting an internal investigation in the United Kingdom: privilege, privacy,...more

Society of Corporate Compliance and Ethics...

[Webinar] Interview Strategies for Compliance Investigations - July 13th, 12:00 pm - 1:30 pm CDT

Learning Objectives - Learn key strategies and practical tips for conducting effective compliance investigation interviews, including considerations related to: - Interview formats (in-person vs. remote) -...more

Patterson Belknap Webb & Tyler LLP

Forensic Analysis and Privilege in the Wake of a Data Breach

In the wake of a data breach, counsel will often require the assistance of a forensic firm in order to provide legal advice to their client. The forensic analysis—which is often memorialized in a report to counsel—is crucial...more

Alston & Bird

Potential Solutions for Maintaining Attorney-Client Privilege and Work Product Protections over Forensic Reports in Light of...

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Our Privacy, Cyber & Data Strategy Team delves into how a federal court decided that a data breach forensic report was discoverable despite efforts to protect it under attorney-client privilege and work product protections...more

McGuireWoods LLP

Slip and Fall Case Provides Useful Guidance for More Serious Scenarios: Part II

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Last week's Privilege Point described a Louisville, Kentucky, restaurant's loss of privilege protection because it could not prove that the managers providing information after a slip and fall knew the "investigation notes'"...more

McGuireWoods LLP

Slip and Fall Case Provides Useful Guidance for More Serious Scenarios: Part I

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Under the commonly (but not universally) recognized Upjohn standard, a corporation's lawyer may engage in privileged communications with any level of corporate employee who has information the lawyer needs. But that favorable...more

Society of Corporate Compliance and Ethics...

[Virtual Event] 2020 Essentials of Compliance Investigations - A Virtual Conference - July 30th - 31st, 7:00 am - 10:55 am IST

Learn the core principles of conducting effective compliance investigations so that you're prepared next time you are called upon. Receive detailed and valuable information from experienced investigators: Meric Bloch and...more

Foodman CPAs & Advisors

An IRS “John Doe” Summons is a Powerful Weapon that can Puncture Attorney-Client Privilege

An individual that provides information to an attorney may normally assume that the information provided to the attorney will be kept confidential under the attorney-client privilege.  That said, according to the Internal...more

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