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
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
Mr. Berkowitz advises multinational and domestic companies in a wide range of industries on employment-related matters. He has significant experience advising multinational companies regarding U.S. and overseas employment and executive compensation practices. Mr. Berkowitz represents employers in individual and class action lawsuits and arbitrations, and he appears in U.S. federal and state courts and before administrative agencies and international arbitration tribunals. A respected authority on international employment law issues, Mr. Berkowitz conducts training worldwide on labor and employment matters. He is a frequent speaker before the American Bar Association, the International Bar Association, the Japan Society and other prominent international organizations.
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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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