One of the most problematic questions facing companies simultaneously undergoing a review by external counsel and responding to a government inquiry is whether the information shared with or created by counsel will be protected from discovery in follow on civil litigation. Unfortunately, despite significant efforts to shield this information, the answer often depends on where the litigation is brought and this fact has only been crystalized by recent decisions from courts in the Second Circuit and the U.K.
Second Circuit
Judge Batts in In re: Ex Parte Application of ...
About MVA White Collar Defense, Investigations, and Regulatory Advice Blog
As government authorities around the world conduct overlapping investigations and bring parallel proceedings in evolving regulatory environments, companies and individuals face challenging regulatory and criminal enforcement dynamics. We provide in-depth analysis and up-to-date information to help our clients navigate these fast-moving areas.
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