Whether you are in-house or outside counsel, your clients want the attorney-client privilege and/or work-product shield to apply to materials created as part of an internal corporate investigation. But the applicability of these doctrines is very fact-specific, and difficult facts can doom that desired outcome. That was the conclusion of the Washington, D.C. district court
internal investigation
Court upholds attorney-client privilege for in-house counsel
By David Hooker on
Posted in In-house Counsel, Privilege
Employee communications made in confidence during a company’s internal investigation can be protected by the attorney-client privilege even where in-house counsel leads the investigation, the D.C. Circuit Court of Appeals has said in a recent ruling.
While the result in In Re: Kellogg Brown & Root, Inc. is not surprising, the case is noteworthy both…