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Webb, Dan
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Litigation
Complex Commercial Litigation
White Collar and Internal Investigations
September 6, 2010
Avoiding Privilege and Work-Product Waiver
Dan K. Webb
Reprinted with permission from the publisher.

Having work product or attorney-client communications from an internal investigation of corporate wrongdoing used against your corporate client by private litigants is always unpleasant and can also deliver a body blow to your case. Waiver is usually the culprit— resulting not from inadequate compliance with civil discovery rules or the use of the material to refresh a witness’ memory, but instead from the material’s use by a special litigation committee of a board of directors in shareholder derivative litigation, or from the material’s “voluntary” disclosure to a governmental agency investigating the wrongdoing.

 
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