Attorney-Client Privilege in Investigations for Employees Who Have Given Notice

New York Law Journal

Lara A. Flath Judith (Judy) A. Flumenbaum

Partner Lara Flath and associate Judy Flumenbaum review an order recently upheld by a New York state appellate court that declines to extend attorney-client privilege to interviews with employees who have given notice. Lara and Judy explain why corporations and outside counsel conducting internal investigations and contemplating potential privilege issues should be mindful of this holding.