Got Privilege? When It Comes To Internal Investigations, Think Again …

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 clear understanding of the limitations of the attorney-client privilege, thoughtful preparation of the investigation's goals, and pro-active planning, employers can put themselves in the best possible position to control what information becomes public and maintain work-product and attorney-client privileges.

When conducting an internal investigation, every in-house counsel pays particular attention to maintaining privilege throughout the investigation. But maintaining privilege can be very difficult. A recent decision from the U.S. District Court for the District of Columbia tackles this issue, and it provides useful lessons for helping to ensure that confidential and privileged internal investigation notes and reports remain confidential