Margaret L. Watson
Shareholder | Littler Mendelson P.C.Beth P. Weinman
Counsel | Ropes & Gray LLPVince Farhat
Partner, Chair of the White Collar Defense & Investigations Group | Jeffer Mangels Butler & Mitchell LLPProtecting Privilege in Internal Investigations: Issues and Challenges | On-Demand Webinar
Broadcast Date: Wednesday, June 07, 2023 from 12:00 pm to 1:30 pm (ET)
Preserving and protecting privilege remains a critical and challenging issue in internal investigations. Taking a misstep by disclosing sensitive information can result in damaging legal and reputational consequences. With the ethical traps, potential large number of factual witnesses who must keep information confidential for privilege to be preserved, the possible involvement of outside technical experts, and numerous other issues that arise during an investigation, the protection of privilege is tricky.
In some circumstances, a privileged internal investigation will interface with a compliance investigation that regulators or the government will expect to be non-privileged. Preserving privilege over the internal piece of the investigation may be challenging. In addition, privileged information may at times be inadvertently disclosed and it will be critical to challenge or limit the scope of any waiver. There may be times when it is appropriate to proactively waive privilege over certain information, however doing so requires careful consideration and balancing of benefits against the risks of a waiver broader than anticipated. The panel will address these and other challenges that arise in the context of preserving privilege during internal investigations.
Listen as a panel of distinguished thought leaders and professionals organized by The Knowledge Group provide the audience with a comprehensive discussion of the most pressing issues and salient developments in maintaining privilege in the context of internal investigations. Speakers will also provide proven strategies to handle investigations successfully.
Key Topics:
- Critical Privilege Issues in Internal Investigations
- Challenges When Conducting Investigations
- Best Practices in Handling Investigations
- Proactive Measures to Protect Privilege
- How to Anticipate and Prepare for Potential Risks
Agenda:
Margaret L. Watson, Shareholder, Littler Mendelson P.C.
AND
Beth P. Weinman, Counsel, Ropes & Gray LLP
AND
Vince Farhat, Chair of the White Collar Defense & Investigations Group, Jeffer Mangels Butler & Mitchell LLP
- Establishing and maintaining privilege over internal investigations is critical to ensuring a comprehensive investigation that establishes key facts and uncovers any problems, so that they can be addressed and remediated while litigation and enforcement risk is mitigated.
- If privilege is not established and protected appropriately, it can be waived. It is critical to understand the implications of privilege waiver, when waive or partial waiver might be appropriate, and how to avoid inadvertent waiver.
- This session will examine the challenges associated with protecting privilege in internal investigations and will discuss best practices that will ensure that privilege can be appropriately protected unless a decision is made to waive privilege.
- This session will include a robust discussion of the experiences and best practices of three practitioners who conduct internal investigations in three different legal fields as well as lessons learned from their most challenging investigations.
Who Should Attend:
- Corporate Lawyer
- Legal Counsel
- Internal Investigations Officers
- Audit Committee Members
- Regulatory Compliance Managers
- Human Resource Executives
- Compliance Professionals
- Risk Professionals
- General Counsel
CLE Credit:
Course Level: Intermediate Advance
Preparation: Print and review course materials
Method of Presentation: On-Demand Webcast
Prerequisite: General knowledge of Internal Investigations
Course Code: 1410326
NY Category of CLE Credit: Areas of Professional Practice
Total Credits: 1.5 CLE