Overview
Corporate Counsel quoted Pat Linehan in a February 21 article titled “Are In-House Counsel Around the Globe Losing Their Privilege?” The article discusses the precautions that legal departments can take to protect themselves when it comes to the tricky matter of privilege across international borders.
Mr. Linehan says that internal investigations, in particular, can present “unique challenges” when it comes to privilege. This is particularly true when investigations require reporting to auditors or others who may be outside the zone of privilege, so “in-house counsel need to be sensitive [to this] and define that the investigation is for the purpose of providing legal advice,” he adds.
The full article can be read at Corporate Counsel (subscription required).