Kyle Clark, Amy Conway-Hatcher, and Andrew George published an article, “Protecting the Privilege in Corporate Investigations When It Counts - From the Beginning” in Bloomberg's Corporate Law & Accountability Report. The article examines that when things go wrong and the fire alarm sounds, the natural reaction is to move quickly to find out what happened and to root out problems to limit potential damage to the company. While this sense of urgency is important and can be extraordinarily helpful to show the company acted promptly and responsibly, it is equally important to pause and decide on a focused strategy with clear objectives and a documented action plan. That plan should include a thoughtful approach to maximize the organization's ability to assert and preserve important legal protections so that confidential and privileged information does not become discoverable by third parties like the government or other civil litigants, such as shareholders, insurers or disgruntled employees.
For a copy of the article, please click the title link below.