Attorney-Client Privilege In Internal Investigations: Best Practices and Lessons From Recent Cases

Many things are uncertain at the beginning of an internal investigation, and a company should ensure that the investigation and its conclusions will be protected by the attorney-client privilege, at least until the company makes a considered decision to waive the privilege. Anne Chapman and Kathleen Brody discuss some of the considerations touching the attorney-client privilege in internal investigations. Taking lessons from recent high-profile litigation, they provide tips for best practices.