Thought Leadership

Threats to Privilege

Strategies for Mitigating the Privilege Risks Associated with DIsclosures to Common Third Parties

Client Updates

In the course of a corporate or government investigation, a company and its legal counsel are likely to engage with various third parties, creating the risk that attorney-client privilege and attorney work product protections will be waived. Disclosures to common groups of third parties such as employees and potential whistle-blowers, outside auditors, consultants, insurers, and the government may further a company’s business interests or be required by law. However, interactions with each of these groups present their own unique Threats to Privilege, and the case law in this area can be difficult to navigate.  Before sharing confidential information with third parties, companies must understand how such disclosures may jeopardize privilege and work product protections and take steps to minimize these risks.

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