Privileged Material in Audits and Investigations: Protecting Attorney-Client Communication and Work Product
Disclosures to Third Parties, Cross-Border Challenges, Implications of Cohen Raid and Mueller Investigation
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide counsel for protecting the attorney-client privilege when responding to third party investigations and audits, in connection with internal investigations and audits, and in litigation. The panel will discuss key challenges in protecting privileged communication and materials and avoiding inadvertent waivers or disclosures, including the potential impact of recent caselaw concerning border searches of electronic devices. The panel will also offer insight into who and what is covered by the privilege and methods to ensure the protection of confidential material.
- Who has the privilege in internal investigations/audits
- Disclosure to a company’s auditors without waiving the company’s privileges
- Best practices for preserving the privilege
- Cross-border challenges
- Controlling privileged material to reduce possibility of waiver
- Limited waiver agreements
The panel will review these and other high priority issues:
- What systems should corporations and their counsel implement to identify and protect privileged information?
- How can a company maintain the confidentiality of sensitive information when conducting an internal investigation—or during an audit or investigation by third-party investigators?
- What are the critical considerations for counsel when traveling across borders?
- What are the best business and legal practices for counsel and corporations to preserve the privilege?
Stuart M. Altman
Senior Vice-President and Global Chief Compliance Officer
Las Vegas Sands
Mr. Altman has 25 years of experience in conducting investigations, defending corporations and leading compliance... | Read More
Mr. Altman has 25 years of experience in conducting investigations, defending corporations and leading compliance activities. He frequently speaks and writes on issues of attorney client privilege, internal investigations, and the FCPA. Previously he was a partner in Fraud and Investigations Practice of Hogan Lovells.Close
Michael B. Hayes
Montgomery McCracken Walker & Rhoads
Mr. Hayes is a Partner at Montgomery McCracken, where his practice focuses on complex commercial litigation, internal... | Read More
Mr. Hayes is a Partner at Montgomery McCracken, where his practice focuses on complex commercial litigation, internal investigations and white collar defense. Mr. Hayes is a frequent columnist and CLE presenter on attorney-client privilege, professional responsibility and cutting-edge electronic discovery issues.Close