Category Archives: Attorney client privilege

Upjohn Warnings from Both Sides of the Table

I recently participated on a panel at the excellent NACDL White Collar Defense College with Ellen Brotman, Preston Pugh, Brian Bieber and Cynthia Orr. The College aims to teach lawyers how to handle white-collar cases from start to finish. We … Continue reading

Posted in Obstruction, Attorney client privilege, internal investigation | 2 Comments

What To Do With Notes from an Internal Investigation? Court Says Big Firm’s Methods Were “Gamesmanship”

When I was a brand-new associate at a big firm, I volunteered to work on an internal investigation into accounting irregularities at a public company. I knew nothing about internal investigations. Before we started interviewing employees, a partner explained the … Continue reading

Posted in Attorney client privilege, internal investigation, Uncategorized | Tagged | 1 Comment

These Defendants Are Asking For a Taint Team. Why?

When the government executes a search warrant in a white-collar case, it may seize documents that are protected by the attorney-client privilege. As I’ve posted before about this issue, the government will often assert that a “taint team” should review … Continue reading

Posted in Attorney client privilege, Search warrant | 1 Comment