Privileged Material in Audits and Investigations: Protecting Attorney-Client Communication and Work Product

Protecting privileged and other confidential information in the midst of investigations, audits, and civil litigation is a significant challenge for attorneys. Counsel must avoid inadvertently releasing records protected by the attorney-client privilege that can result in waiver of the privilege and address the challenges of safeguarding confidential material.

Third-party auditors and government agencies have taken aggressive approaches in the search, seizure, and collection of confidential information from businesses and individuals. Court rulings indicate a trend towards increased limits on attorney-client and work product protection. This is true particularly with the selective waiver doctrine and communications involving a company and its consultants, board members, and others.

Outside or inside auditors, government agents, and potential partners demand a wide variety of sensitive information from businesses and individuals. Our panelists will discuss how counsel can guide a company in protecting the attorney-client privilege during an internal investigation, outside or internal audit or investigation, or when negotiating deals.

Listen as our panel of legal specialists examines the issues surrounding the attorney-client privilege in investigations and audits, including who has the privilege, how it can be inadvertently waived, and how to shield information. The panel will discuss recent cases and trends in this area as well as provide their insights and best practices for preserving the privilege.

1. Who has the privilege in internal investigations/audits
2. Waiver of the privilege
3. Disclosure to a company's auditors without waiving the company's privileges
4. Best practices for preserving the privilege
5. Cross-border challenges
6. Controlling privileged material to reduce the possibility of a waiver
7. Limited waiver agreements

The panel will review these and other high priority issues:

• How can a company maintain the confidentiality of sensitive information when conducting an internal investigation or during an audit or investigation by third-party investigators?
• What are the critical considerations for counsel when traveling across borders both domestically and internationally?
• What are the best business and legal practices for counsel and corporations to preserve the privilege?