Internal corporate investigations, particularly those related to FCA or FCPA matters, inherently involve a variety of privilege and confidentiality concerns. These range from maintaining privilege during the investigation, individual privilege issues relating to the company’s personnel who were involved in the subject matter of the investigation, protection of attorney work product, shielding sensitive and confidential information and determining how to share information with government investigators without causing a waiver, managing common interest or joint defense privileged relationships, and cross-border privilege law issues.
A panel of experienced inside and outside counsel will survey these issues and provide suggestions on how to manage investigations to protect privilege and confidentiality.