Attorney-Client Privilege and Internal Investigations: Ethical Risks and Pitfalls
Heightened government scrutiny of potential corporate wrongdoings, which are commonly compliance issues, is apparently causing challenges to businesses nowadays. Companies dealing with possible wrongdoing are now turning to internal investigations protected by the attorney-client privilege, to best protect themselves. Although it’s no-brainer to proceed with an internal corporate investigation, lawyers need to consider a number of ethical risks and pitfalls when they are advising their clients.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals will provide an in-depth analysis of the recent trends and developments in the conduct of internal investigations protected by the attorney-client privilege. Speakers will also present best practices on how lawyers can mitigate potential ethical risks and pitfalls when conducting the investigation.
Key issues that will be covered in this course are:
- Corporate Internal Investigations: A 2019 Perspective
- Recent Trends and Developments
- Factors to Consider
- Ethical Risks and Pitfalls
- Best Practices When Conducting Internal Investigations
Brandi Walkowiak, Director, Regional Compliance Counsel
- Protecting privilege when non-lawyers in the company are assisting with investigations
- When and if to share privileged information with third party consultants (recent case law)
- Steps in-house counsel can take to preserve the confidentiality of Attorney-Client communications
Patrick F. Linehan, Partner
Steptoe & Johnson LLP
- The Attorney-Client Privilege and Attorney Work Product Doctrine
- Privilege Waiver
- Joint Defense/Common Interest Doctrine
- Applicable Rules of Professional Responsibility
- Recent Caselaw Developments
Ms. Walkowiak is the Director, Regional Compliance Counsel, Americas at global automotive seating supplier, Adient. In this role, Ms. Walkowiak serves as the primary compliance counsel to the Americas region (US, Canada, Mexico and Latin America), reporting to the VP & General Counsel of Labor & Employment, Litigation and Compliance. Ms. Walkowiak is responsible for conducting compliance investigations for the company, providing advice and counsel regarding compliance risk identification and mitigation, and implementing compliance program elements, including training and third party risk management processes. Prior to joining Adient, Ms. Walkowiak was a Regional Compliance Officer at Magna International. She was responsible for key compliance initiatives and guidance in her region, under the direction of the Chief Compliance Officer. At Magna, she also served as the Global lead in the development and implementation of web-based and in-person compliance training programs. Previously, Ms. Walkowiak worked as a white collar criminal defense attorney for 12+ years at AmLaw 100 firms’ Sidley Austin in Washington, D.C. and Foley & Lardner in Detroit. Ms. Walkowiak has also served as the Vice President of Review and Professional Services at a legal services provider where she oversaw a division of the company that provided eDiscovery, managed review, and consulting services to her law firm and corporate counsel clients. Ms. Walkowiak began her legal career as a clerk at the US Court of Federal Claims for the Honorable Emily C. Hewitt.
Ms. Walkowiak is the Director, Regional Compliance Counsel, Americas at global automotive seating supplier, Adient. In this role, Ms. Walkowiak …
Patrick Linehan's diverse practice focuses on representing corporate and individual clients in both civil litigation and criminal investigations and prosecutions. He defends clients in all phases of government investigations and prosecutions against allegations of securities fraud and regulatory violations, False Claims Act violations, FDA and healthcare fraud, antitrust fraud, and tax fraud, and others. Patrick has also litigated civil cases in both federal and state courts and before arbitration panels spanning a broad range of areas, including securities, breaches of fiduciary duty, employment, government contracts, False Claims Act, copyright, and general commercial matters. He is a recognized practitioner in the areas of white-collar criminal defense and securities litigation by Legal 500 US and DC Super Lawyers.
Patrick Linehan's diverse practice focuses on representing corporate and individual clients in both civil litigation and criminal investigations and prosecutions. …
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Method Of Presentation:
General knowledge of corporate laws
NY Category of CLE Credit:
Ethics and Professionalism
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Adient is a global leader in automotive seating. With 84,000 employees operating in 214 manufacturing/assembly plants in 32 countries worldwide, we produce and deliver automotive seating for all vehicle classes and all major OEMs. From complete seating systems to individual components, our expertise spans every step of the automotive seat-making process. Our integrated, in-house skills allow us to take our products from research and design all the way to engineering and manufacturing – and into more than 25 million vehicles every year. For more information on Adient, please visit adient.com.
About Steptoe & Johnson LLP
In more than 100 years of practice, Steptoe has earned an international reputation for vigorous representation of clients before governmental agencies, successful advocacy in litigation and arbitration, and creative and practical advice in structuring business transactions. Steptoe has more than 500 lawyers and other professional staff across offices in Beijing, Brussels, Chicago, London, Los Angeles, New York, Phoenix, San Francisco, and Washington. For more information, visit www.steptoe.com