Internal investigations are critical to employers’ compliance with both legal standards and best practices. Increasingly, employers are looking to attorneys to conduct their most sensitive investigations, often with the expectation that the findings will enjoy privilege from disclosure in any subsequent litigation. Many clients are dismayed to learn later that investigations may not be privileged. We will focus on best practices in structuring investigations, steps investigating attorneys may take to preserve privilege to the extent possible, and how attorneys should advise their clients with respect to privilege issues.
Recorded at the Employment Law Institute 2020