Interested in training for your team? Click here to learn more

Privileged Material in Audits and Investigations: Protecting Attorney-Client Communication and Work Product

Disclosures to Third Parties and Cross-Border Challenges

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Friday, March 29, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss key challenges in protecting privileged communications and materials and how to avoid inadvertent waivers or disclosures. The panel will also offer insight into who and what is covered by the privilege and methods to ensure the protection of confidential material.


Protecting privileged and other confidential information in the midst of investigations, audits, and civil litigation is a significant challenge for attorneys. Counsel must avoid inadvertently releasing records protected by the attorney-client privilege that can result in waiver of the privilege and address the challenges of safeguarding confidential material.

Third-party auditors and government agencies have taken aggressive approaches in the search, seizure, and collection of confidential information from businesses and individuals. Court rulings indicate a trend towards increased limits on attorney-client and work product protection. This is true particularly with the selective waiver doctrine and communications involving a company and its consultants, board members, and others.

Outside or inside auditors, government agents, and potential partners demand a wide variety of sensitive information from businesses and individuals. Our panelists will discuss how counsel can guide a company in protecting the attorney-client privilege during an internal investigation, outside or internal audit or investigation, or when negotiating deals.

Listen as our panel of legal specialists examines the issues surrounding the attorney-client privilege in investigations and audits, including who has the privilege, how it can be inadvertently waived, and how to shield information. The panel will discuss recent cases and trends in this area as well as provide their insights and best practices for preserving the privilege.



  1. Who has the privilege in internal investigations/audits
  2. Waiver of the privilege
  3. Disclosure to a company's auditors without waiving the company's privileges
  4. Best practices for preserving the privilege
  5. Cross-border challenges
  6. Controlling privileged material to reduce the possibility of a waiver
  7. Limited waiver agreements


The panel will review these and other high priority issues:

  • 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 both domestically and internationally?
  • What are the best business and legal practices for counsel and corporations to preserve the privilege?


Berkowitz, Philip
Philip M. Berkowitz

Shareholder, Co-Chair International Employment Law Practice, Co-Chair Financial Services Industry Group
Littler Mendelson

Mr. Berkowitz advises multinational and domestic companies in a wide range of industries on employment-related matters....  |  Read More

Schwartz, Adam
Adam Schwartz

Shareholder, Chair White Collar Crime and Government Investigations Practice
Carlton Fields

Mr. Schwartz concentrates his practice on white collar criminal defense, False Claims Act (qui tam/whistleblower)...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video