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Maintaining Privilege Protection of Internal Investigations  


Author:  Sarah F. Warren.


Source: Volume 52, Number 10, May 15 2019 , pp.119-124(6)




Review of Securities & Commodities Regulation

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Abstract: 

Courts have not always consistently applied the protections of attorney-client privilege and work-product doctrine in internal investigations. The author discusses the Supreme Court’s seminal Upjohn case, which recognized such protections, and then turns to more recent cases in which the Upjohn principles were tested and faltered. She then discusses the scope of privilege abroad and concludes with some practice tips and takeaways.

Keywords: Upjohn Co. v. United States; Scope of Privilege; United States SEC v. Herrera; In re Kellogg Brown & Root, Inc.

Affiliations:  1: Fried Frank.

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