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 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.
Outline
- Who has the privilege in internal investigations/audits
- Waiver of the privilege
- 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 the possibility of a waiver
- Limited waiver agreements
Benefits
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?
Faculty
Erin J. Hoyle
Shareholder
Carlton Fields
Ms. Hoyle concentrates her practice on government investigations, corporate internal investigations, and white... | Read More
Ms. Hoyle concentrates her practice on government investigations, corporate internal investigations, and white collar criminal defense, with a focus on the False Claims Act, whistleblower complaints, allegations of health care fraud, securities litigation, and OFAC licensing applications. Her experience with the False Claims Act includes defending health care clients in civil qui tam actions alleging the submission of false claims for payment, federal anti-kickback and Stark Law violations, and employer retaliation claims. Ms. Hoyle also represents government contractors accused of fraud, waste, or abuse of government funds. She counsels companies on how to best avoid and detect potential False Claims Act violations, and how to most effectively respond when faced with such allegations. Ms. Hoyle frequently defends companies, executives, and employees in government and criminal investigations and conducts internal investigations. Her experience in this area includes government contracting fraud, procurement fraud, cybercrime, trade secret misappropriation, video voyeurism, theft of government property, health care technology, bribery of public officials, initial coin offerings, securities, public company accounting, and compliance with professional standards of conduct.
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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
Mr. Schwartz concentrates his practice on white collar criminal defense, False Claims Act (qui tam/whistleblower) defense, health care fraud and abuse matters, and OFAC sanctions compliance and licensing. He represents individuals and corporations in internal investigations, securities and accounting fraud, asset forfeiture, defense contractor fraud, money laundering, corporate compliance, grand jury practice and procedure, and complex civil fraud defense. Mr. Schwartz advises clients on BSA/AML and Patriot Act compliance and defends bank officers and directors in FDIC litigation. Prior to joining the firm, he prosecuted money laundering and asset forfeiture matters as an assistant U.S. attorney with the Eastern District of New York.
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