Internal investigations involve activities that raise a host of privilege concerns for in-house counsel, including hiring experts; interviewing current and former employees; and providing disclosures to regulators. This second article in our two-part series exploring the takeaways from a recent Strafford panel covers how privilege can be maintained in internal investigations and how to prepare when a litigant seeks to depose in-house counsel. The program featured Kimberly M. Ingram, associate at Bradley Arant; Kenneth E. McKay, shareholder at Baker Donelson; and Kan M. Nawaday, partner at Venable. The first article
addressed best practices when communicating with in-house counsel and establishing privilege, as well as how to handle common privilege concerns, such as waivers, auditor reports and mergers. See “D.C. Circuit Confirms Applicability of Attorney-Client Privilege to Internal Investigations
” (Aug. 7, 2014).