Attorney-Client Privilege and Internal Investigations: Ethical Risks and Pitfalls
Internal investigation is an essential practice for companies to ensure they are compliant with the governing laws and regulations, especially in the face of an alleged potential misconduct. However, internal investigations may pose ethical risks and pitfalls for lawyers, particularly in the issue of attorney-client privilege.
Listen as a panel of distinguished professionals organized by The Knowledge Group provide the audience with best practices in safeguarding attorney-client privilege while successfully conducting an internal investigation.
Key topics include:
- Key Components of an Internal Investigation
- Timing of Investigations
- Nature and Scope of the Investigation
- Attorney-Client Privilege with Respect to Investigations
- Confidentiality in Investigations
- Document Retention and Data Privacy Issues
- Government's Approach to Internal Investigations
- Ethical Issues and Best Practices
- Recent Case Law
Coyt "Randy" Johnston, Managing Shareholder
Johnston Tobey Baruch, P.C.
- Unexpected Scope of the Attorney’s confidentiality obligations to a client
- Unexpected waiver of the privilege
- In house attorney vs Outside counsel’s burden
Greg H. Greubel, Attorney
Littler Mendelson P.C.
- When to waive privilege;
- Risks of conducting a non-privileged investigation; and
- Maintaining privilege in a complex investigation.
Who Should Attend:
- Compliance and Ethics Officers
- Internal Investigations Officers
- Corporate Counsel
- Legal Counsel
- Top Level Management
- Private Companies
- Other Related/Interested Professionals
Randy Johnston is the author of the book Robbed at Pen Point. He concentrates his law practice on legal malpractice and professional liability. He is a member of the International Academy of Trial Lawyers and the American Board of Trial Advocates. He served as an adjunct professor of law in 2015 at the UNT School of Law where he taught Professional Responsibility. He was the 2016 Trial Lawyer of the Year for the Dallas Bar Assoc. and recently received the 2017 Jim Bowmer Professionalism Award from the Texas Bar College.
Randy Johnston is the author of the book Robbed at Pen Point. He concentrates his law practice on legal malpractice …
Greg Harold Greubel represents employers in all aspects of labor and employment law, ranging from proactive counseling to litigation. Greg has represented employers in federal court, state court, and administrative agency proceedings in Pennsylvania and New Jersey. His experience includes advising clients in a variety of employment-related contexts and defending clients in litigation with claims arising under:
- Title VII
- The Americans with Disabilities Act
- The Family and Medical Leave Act
- The National Labor Relations Act
- The New Jersey Law Against Discrimination
- The Pennsylvania Human Relations Act
- The Age Discrimination in Employment Act
- 42 U.S.C.§ 1983
Before joining Littler, Greg was involved in labor and employment law as a legislative intern in the Labor Office of the United States’ Senate Committee on Health, Education, Labor and Pensions, and as an investigative assistant with the Waterloo Commission on Human Rights in Waterloo, Iowa, investigating claims of employment discrimination.
Greg Harold Greubel represents employers in all aspects of labor and employment law, ranging from proactive counseling to litigation. Greg …
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Method of Presentation:
Experience in corporate law
NY Category of CLE Credit:
Ethics and Professionalism
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About Johnston Tobey Baruch, P.C.
Johnston Tobey Baruch is a Dallas-based firm of Texas trial and appellate attorneys with a broad range of litigation experience. We are pioneers in the handling of legal malpractice, accounting malpractice, investment fraud and insurance bad faith matters. We also have an enviable track record with business disputes, employment law, commercial litigation and fiduciary litigation, as well as civil appeals, family appeals and criminal appeals, for many prominent Texas companies and individuals.
About Littler Mendelson P.C.
Founded in California in 1942, today Littler is an international law practice with more than 1,500 attorneys devoted exclusively to representing management in employment and labor law matters. Client service and innovation are among the cornerstones of our practice.
Littler has represented more than 50,000 employers in virtually every industry, on a regional, national and global basis, across the gamut of labor and employment matters. As a result, we understand the issues affecting small companies as well as the world’s largest corporations. Clients with operations in different locations rely on our broad experience and geographic reach to help them strategically, efficiently and cost-effectively manage their employment and labor matters across multiple jurisdictions.
We offer the full array of legal services related to the employer-employee relationship, providing clients with counseling and representation on everything from day-to-day HR questions to complex class actions and international projects.
Our in-depth focus on employment law, international reach and extensive resources set Littler apart from many other law firms. In addition, Littler is distinguished by our dedication to creating innovative process improvements and technologies that enhance value for our clients.