Attorney-Client Privilege and Internal Investigations: Ethical Risks and Pitfalls
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Online CLE Internal Investigations
Join us for this Knowledge Group Online CLE Internal Investigations Webinar. 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
Agenda
SEGMENT 1:Lisa M. Ledbetter, Partner
Jones Day
- Internal Investigations
- Common Sources of Internal Investigations
- Reasons for Conducting an Internal Investigation
- Potential Stakeholders
- Elements of an Effective Internal Investigation
- Scope and Plan
- Role of Counsel
- Relationship With Outside Counsel
- Keys to an Effective Witness Interview
- Witness Interviews
- Whistleblower Considerations/Claims
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
Greg H. Greubel, Attorney
Littler Mendelson P.C.
- Establishing attorney-client privilege with corporate clients.
- Maintaining attorney-client privilege for internal investigations.
- Voluntarily waiving attorney-client privilege in litigation.
Who Should Attend
- Compliance and Ethics Officers
- Internal Investigations Officers
- Corporate Counsel
- Legal Counsel
- Consultants
- Top Level Management
- Private Companies
- Other Related/Interested Professionals
Online CLE Internal Investigations
SEGMENT 1:Lisa M. Ledbetter, Partner
Jones Day
- Internal Investigations
- Common Sources of Internal Investigations
- Reasons for Conducting an Internal Investigation
- Potential Stakeholders
- Elements of an Effective Internal Investigation
- Scope and Plan
- Role of Counsel
- Relationship With Outside Counsel
- Keys to an Effective Witness Interview
- Witness Interviews
- Whistleblower Considerations/Claims
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
Greg H. Greubel, Attorney
Littler Mendelson P.C.
- Establishing attorney-client privilege with corporate clients.
- Maintaining attorney-client privilege for internal investigations.
- Voluntarily waiving attorney-client privilege in litigation.
Online CLE Internal Investigations
Lisa M. LedbetterPartnerJones Day
Lisa advises domestic and international financial institutions in navigating complex and novel regulatory, transactional and enforcement challenges. She is experienced in responding to civil investigative demands, defending agency enforcement actions, and conducting internal investigations. Lisa advises on financial services regulation and financial technology, representing both bank and non-bank financial companies in developing new products and applications. She represents several financial services trade associations, assisting with public positions and comments on domestic and cross-border issues. Prior to Jones Day, Lisa was deputy general counsel at Freddie Mac and deputy office director and head of regulation, legislation, assessments, and finance and funding at the FDIC. She also served as banking and finance counsel at Department of the Treasury during the George H.W. Bush administration.
Patrick F. LinehanPartnerSteptoe & Johnson LLP
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.
Greg H. GreubelAttorneyLittler Mendelson P.C.
Greg 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.
In law school, Greg served as a legal intern with the Philadelphia Unemployment Project, representing clients appealing denials of unemployment compensation. He also interned in the employment division of Community Legal Services of Philadelphia, advocating for low-income employees on various employment issues.
Before pursuing his law degree, Greg was involved in labor and employment law as a legislative intern in the Labor Office of the U.S. Senate Committee on Health, Education, Labor and Pensions.
Online CLE Internal Investigations
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method Of Presentation:
Live Webcast
Prerequisite:
General knowledge of corporate laws
Course Code:
148380
NY Category of CLE Credit:
Ethics and Professionalism
Total Credits:
1.5 CLE
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About the Knowledge Group
The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.
Speaker Firms
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Faculty
Click show bio to learn more
Lisa M. Ledbetter
Partner
Jones Day
Partner
Jones Day
Patrick F. Linehan
Partner
Steptoe & Johnson LLP
Partner
Steptoe & Johnson LLP
Greg H. Greubel
Attorney
Littler Mendelson P.C.
Attorney
Littler Mendelson P.C.
About the Knowledge Group
The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.
Jones Day is a global law firm with more than 2,500 lawyers in 43 offices across five continents. The Firm is distinguished by: a singular tradition of client service; the mutual commitment to, and the seamless collaboration of, a true partnership; formidable legal talent across multiple disciplines and jurisdictions; and shared professional values that focus on client needs.
Website: https://www.jonesday.com/
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
Website: http://www.steptoe.com/
At Littler, we understand that workplace issues can’t wait. With access to more than 1,500 employment attorneys in over 80 offices around the world, our clients don’t have to. We aim to go beyond best practices, creating solutions that help clients navigate a complex business world. What’s distinct about our approach? With deep experience and resources that are local, everywhere, we are fully focused on your business. With a diverse team of the brightest minds, we foster a culture that celebrates original thinking. And with powerful proprietary technology, we disrupt the status quo—delivering groundbreaking innovation that prepares employers not just for what’s happening today, but for what’s likely to happen tomorrow. For over 75 years, our firm has harnessed these strengths to offer fresh perspectives on each matter we advise, litigate, mediate, and negotiate. Because at Littler, we’re fueled by ingenuity and inspired by you.
Lisa advises domestic and international financial institutions in navigating complex and novel regulatory, transactional and enforcement challenges. She is experienced in responding to civil investigative demands, defending agency enforcement actions, and conducting internal investigations. Lisa advises on financial services regulation and financial technology, representing both bank and non-bank financial companies in developing new products and applications. She represents several financial services trade associations, assisting with public positions and comments on domestic and cross-border issues. Prior to Jones Day, Lisa was deputy general counsel at Freddie Mac and deputy office director and head of regulation, legislation, assessments, and finance and funding at the FDIC. She also served as banking and finance counsel at Department of the Treasury during the George H.W. Bush administration.
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.
Greg 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.
In law school, Greg served as a legal intern with the Philadelphia Unemployment Project, representing clients appealing denials of unemployment compensation. He also interned in the employment division of Community Legal Services of Philadelphia, advocating for low-income employees on various employment issues.
Before pursuing his law degree, Greg was involved in labor and employment law as a legislative intern in the Labor Office of the U.S. Senate Committee on Health, Education, Labor and Pensions.
