Protecting Privilege in Internal Investigations: Issues and Challenges

Key issues that will be covered in this course are:

• 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

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 provides 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.

The Knowledge Group