The Attorney-Client Privilege and Internal Investigations 2022

Preserving the attorney-client privilege during internal investigations is a tricky minefield for attorneys at various levels of experience.  In fact, distinguishing privileged communications from unprotected “business” discussions continue to be among of the most hotly contested subjects in the legal field.  PLI is proud to once again bring together an exceptional panel of experts to answer the tough questions on ethics, privilege, and government regulation while providing perspectives from all sides of an investigation.  

Our faculty will use engaging hypotheticals and visual presentations to discusses real-world circumstances and cases.  Participants will come away from this program with an even sharper understanding of how to the balance an attorneys’ obligation to prevent disclosure of otherwise protected information while also advancing the clients’ best interests before regulatory bodies where cooperation is often key.

What You Will Learn 

• How to protect the privilege when cooperating with the government
• The view from Washington: Lessons learned from the DOJ’s and the SEC’s recent approaches to internal investigations
• Ethics and compliance concerns when representing company employees while protecting the attorney-client privilege
• Strategic and practical considerations related to investigating company officers
• Analyze the latest case law in the context of long-standing practices, e.g., Upjohn warnings

Program Level: Update

Prerequisites: Familiarity with the rules of attorney-client privilege and/or attorney work product and federal government regulatory enforcement

Intended Audience: Litigators, government regulation practice attorneys, in-house counsel, government attorneys, with responsibilities to handle or else respond to internal investigations

Advanced Prep: None