X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
William F. Johnson William F. Johnson

Internal investigations are a staple in today’s corporate environment. Often, when the conduct under investigation involves senior management or sensitive issues, a company’s board of directors will authorize and form a special committee of directors to oversee and direct the investigation. To ensure that the ensuing investigation is independent and thorough, the special committee will engage outside counsel. (Moreover, to prevent even the appearance of impropriety or conflict, special committee counsel should not typically be the company’s regular counsel or counsel who has performed recent, material work for the company. See, e.g., Lahm v. Tremont, 694 A.2d 422, 426, 429-30 (Del. 1997) (applying the same logic in the adviser and expert context).) Of the many important issues arising during such investigations, protection of privileged material is paramount. This article explores the contours of the attorney-client privilege as it applies to special committees’ internal investigations, including with respect to employee interviews and board briefings.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 

The American Lawyer Industry Awards 2019Event

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.
Get More Information

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.