Attorney-client privilege in corporate investigations is difficult to create and very fragile. So fragile, in fact, that companies lose 50 percent of the cases brought by parties seeking to breach the privilege, according to an expert.
Thomas Spahn, a partner at McGuireWoods in Tysons, Virginia, has calculated those figures after years of following such cases. Spahn offered his insights into attorney-client privilege in an April 27 webinar sponsored by the Washington Legal Foundation, a pro-business nonprofit group.
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