The Attorney-Client Privilege Post-2025 Federal Rules Amendments

Challenges and delays during the discovery process are a frustrating part of civil litigation. One cause for such delay is the attorney-client privilege arising from internal investigation materials. Internal investigations are a critical part of any civil matter, and most investigations are conducted under, and subject to, privilege claims and disputes. Courts and litigants have generally addressed this issue in the latter part of discovery, once the process is well underway. However, the new amendments to the Federal Rules of Civil Procedure (FRCP) have sought to address this issue, and litigants must now prepare earlier to:

1. Safeguard the privilege of internal investigations from their inception;