In-House Counsel Communications with Employees During Litigation Process: Protecting Attorney-Client Privilege and Work Product
Strategies for Interviewing Employees and Obtaining Statements Regarding Threatened or Pending Litigation
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar addresses strategies for in-house counsel and outside counsel to establish and maintain attorney–client privilege and work-product protections while interviewing and obtaining statements from employees in anticipation of and during litigation. Our experienced panel will also address best practices for internal communications regarding threatened or pending litigation.
- Considerations when deciding whether to take statements from employees
- Interviewing employee witnesses
- Obtaining statements from employee witnesses
- Discovery of information regarding employee interviews and employee statements by opposing parties—protections afforded by attorney–client privilege and work-product doctrine.
- Maintaining privilege protections when communicating with employees regarding media issues
- Protecting the company’s privilege while cooperating with regulators in investigations by sharing information developed during interviews
The panel will review these and other key issues:
- Should employee witnesses be interviewed by in-house counsel, other management or outside counsel?
- What is required for the attorney-client privilege to attach to communications by in-house counsel with employees during or in anticipation of litigation?
- Should employee statements be taken to preserve the testimony?
- What is required for statements to be protected from discovery by the work product doctrine?
- How should in-house and outside counsel handle discussions with company employees regarding public-relations statements and media interviews?
Stavroula E. Lambrakopoulos
Ms. Lambrakopoulos concentrates her practice in securities enforcement matters, securities and financial services... | Read More
Ms. Lambrakopoulos concentrates her practice in securities enforcement matters, securities and financial services litigation, internal investigations and broker-dealer regulation. She regularly represents corporate and individual clients in enforcement proceedings before the SEC, the Department of Justice, FINRA, and state securities regulators. She represents financial institutions, corporations, and their officers in complex financial services cases and securities class action litigation.Close
Bradley Arant Boult Cummings
Mr. Presnell is a trial lawyer licensed in Georgia and Tennessee who represents major corporations, small businesses,... | Read More
Mr. Presnell is a trial lawyer licensed in Georgia and Tennessee who represents major corporations, small businesses, governmental entities, tax-exempt organizations, and individuals in their litigation-related needs. He is a recognized expert in the area of evidentiary privileges, including serving as editor-in-chief of Evidentiary Privileges for Corporate Counsel (DRI 2008), and provides audit-related and training services to in-house legal departments in establishing and maintaining the corporate attorney-client privilege. He also works with in-house legal departments in creating and implementing document-retention policies and procedures.Close