D.C. Circuit Strongly Reaffirms the Applicability of the Attorney-Client Privilege to Internal Compliance Investigations

Financial Fraud Law Report November/December 2014

George B. Breen, Chair of the firm's National Health Care and Life Sciences Practice Steering Committee, Jonah D. Retzinger, Associate (Health Care and Life Sciences), Marshall E. Jackson Jr., Associate (Health Care and Life Sciences), and Stuart M. Gerson, Member of the Firm (Litigation and Health Care & Life Sciences), in the Washington D.C., office, authored an article in Financial Fraud Law Report titled “D.C. Circuit Strongly Reaffirms the Applicability of the Attorney-Client Privilege to Internal Compliance Investigations.”

Following is an excerpt (see below for a PDF of the full article):

There had been considerable doubt that the attorney-client privilege attached to internal compliance investigations, particularly those investigations conducted on governmental mandate by company internal counsel. In a recent victory for companies and effective compliance, the United States Court of Appeals for the D.C. Circuit squarely removed that doubt in support of the application of privilege. The authors of this article discuss the decision and its impact.

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