Wednesday, December 7th, 2022 9:00 – 10:30 am

This webinar covers some of the more salient privilege and ethical issues that in house counsel should consider when it comes to investigations by in house counsel:

• Factors to consider in deciding whether an investigation should be privileged (such as what is the primary purpose and ultimate intended use of the investigation)
• Considerations on which counsel (such as whether in-house or outside counsel, and whether “regular” or “independent” counsel)
• Considerations on engaging non-attorneys (such as maximizing argument that functional equivalent or Kovel apply)
• Nuances of the “Upjohn Warning” (such as dealing with potential obstruction or disclosure issues)
• Special considerations in remote investigations (such as where are you practicing law)
• Potential conflicts of interests (such as investigating someone you are representing)
• Navigating an internal investigation, while responding to a government investigation (such as common interest privilege communications with individual counsel and cooperation with the Government)
• Factors to consider in deciding whether to prepare a non-privileged report (including who is preparing it)
• Waiver of the privilege  (such as through disclosures to the Government)
• Making non-privileged employment and other decisions in the context of privileged investigation (such as how to deal with an employee who refuses to cooperate in a privileged investigation)

Credits: 1.5 CA Legal Ethics CLE; 1.8 NJ Ethics CLE; 1.5 NY Ethics and Professionalism CLE; 1.5 PA Ethics CLE;

1.5 Ethics HRCI; 1.5 SHRM (Other states available for CLE credits upon request)

To pay by check for this program, please fill out this Registration Form

Nonprofits: When registering, please use the promo code NPDiscount22 when adding this course to your cart to receive your 10% discount.