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Course Information

Investigations by In-House Counsel: Privilege and Ethical Issues
Course type
Course credits
1.5 credits
Course duration
90 minutes

Course Description

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.

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Fields of Study
  • employment
  • Ethics
  • In House Counsel
  • Privilege