Privilege

Investigations

Thomas E. Spahn | McGuireWoods LLP

Internal investigations merit privilege protection if their primary motivation is legal advice, and work product protection if primarily motivated by anticipated litigation. The U.S. District Court in Oregon, however, recently rejected a company’s privilege and work product claims arising...

Ethics

Thomas E. Spahn | McGuireWoods LLP

Privilege logs, which generally list the authors and recipients of withheld communications, are frequently cited in challenges to a corporation’s privilege claims when they show that no lawyer sent or received a withheld document. Corporations normally win those disputes by showing that...

Artificial Intelligence

Daniel Meyler, Anand R. DaHarry | Ryan Law Partners LLP

This article is for attorneys and in-house counsel involved in the e-discovery portion of an internal investigation or government subpoena. The commentary is meant to be general – it should apply to investigations involving the Office of Inspector General, the Department of Justice, the SEC,...