• videocam Live Webinar with Live Q&A
  • calendar_month July 30, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Corporate Law
  • schedule 90 minutes

Protecting the Attorney-Client Privilege and the Attorney Work Product Doctrine in Investigations and Audits

Preserving Confidential Information, Safeguarding Work Product, Avoiding Inadvertent Disclosure

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$252.45
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Discount expires 7/16/26

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About the Course

Introduction

This CLE course will assist in-house and outside counsel in protecting the attorney-client privilege and attorney work product when responding to a government investigation, inquiry, or audit, including emerging privilege and work-product issues raised by the use of generative AI and related technologies.

Description

Careful consideration and planning are required in order to protect the confidentiality of corporate information when providing documents to government investigators or independent auditors. Inadvertently submitting confidential communications and other records protected by the attorney-client privilege or the attorney work product doctrine can result in waiver.

Outside auditors, government agencies and departments, and potential business partners demand a wide variety of sensitive, confidential information from businesses.

Listen as our experienced panelists identify dangerous privilege pitfalls for the unwary and discuss how counsel can help companies maintain strong privilege and work product protection during investigations, in the course of outside audits, and in negotiating deals.

Presented By

Erin J. Hoyle
Shareholder
Carlton Fields, P.A.

Ms. Hoyle concentrates her practice on government investigations, corporate internal investigations, and white collar criminal defense, with a focus on the False Claims Act, whistleblower complaints, allegations of health care fraud, securities litigation, and OFAC licensing applications. Her experience with the False Claims Act includes defending health care clients in civil qui tam actions alleging the submission of false claims for payment, federal anti-kickback and Stark Law violations, and employer retaliation claims. Ms. Hoyle also represents government contractors accused of fraud, waste, or abuse of government funds. She counsels companies on how to best avoid and detect potential False Claims Act violations and how to most effectively respond when faced with such allegations. Ms. Hoyle frequently defends companies, executives, and employees in government and criminal investigations and conducts internal investigations. Her experience in this area includes government contracting fraud, procurement fraud, cybercrime, trade secret misappropriation, video voyeurism, theft of government property, health care technology, bribery of public officials, initial coin offerings, securities, public company accounting, and compliance with professional standards of conduct. Ms. Hoyle further assists U.S. companies with OFAC licensing matters, including seeking approval for proposed transactions with a foreign company or government and applying for the release of funds transferred from a specially designated national.

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Ken McKay
Principal
McKay Law Offices

Mr. McKay practices in the area of commercial litigation with particular focus on land use and eminent domain throughout the United States, as well as energy, construction, intellectual property, and telecommunications work. He represents clients in various industries, including pipeline owners and operators, telecommunications providers, utilities, and other common carriers, as well as select commercial and residential developers and landowners in condemnation cases, pre-condemnation counseling, and infrastructure permitting.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, July 30, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Who holds the privilege in internal investigations and audits

A. Privilege considerations when interviewing employees

B. Privilege within the corporation during the investigation

C. Protecting communication among management

D. Privilege protections for communications with former employees

E. Audit committees and reporting to the board

F. Third parties in investigations

G. The Garner doctrine: access to investigatory materials by shareholders and other beneficiaries of fiduciary relationships

II. Waiver

A. Scope of waiver (including Rule 502)

B. Types of waiver

C. Disclosure of the investigative report

D. Waiver to governmental agencies

III. Disclosure to a company's auditors without waiving the company's privilege

A. Auditor requests

B. Risk of waiver

C. The "treaty"

D. Recommendations

IV. Emerging Issues: Artificial Intelligence and Privilege Protection

A. AI-assisted investigations and document review

B. AI meeting assistants and transcription tools

C. AI-generated summaries, chronologies, and reports

D. Waiver risks associated with public AI platforms

E. Practical safeguards and governance considerations

F. Best practices for preserving privilege and work-product protection when AI tools are used.

V. Best practices for preserving privilege

A. Understanding the scope of the privilege in the relevant jurisdiction

B. Active engagement of counsel from the outset of an investigation

C. Structuring the investigation to take full advantage of the scope of attorney-client privilege in the relevant jurisdiction

D. Documentation authorizing and describing the purpose of the investigation

E. Clarification of in-house counsel's role

F. Retention of outside counsel

G. Documentation and labeling of confidential communications and documents

H. Education/training

VI. Controlling privileged material to reduce the possibility of waiver

A. Segregate facts from documents that contain attorney work product

B. When facing a demand for privileged material, negotiate protection from future third-party discovery

VII. Limited waiver agreements

A. Do not acquiesce when privilege rights are contested

B. Joint defense agreements

C. Control drafting of and access to investigation reports

The panel will review these and other key issues:

  • What systems should corporations and their counsel implement to identify and protect privileged communications and attorney work product in these situations?
  • How can a company maintain the confidentiality of sensitive information when conducting an internal investigation or during an audit or investigation by governmental agencies?
  • What are the key business and legal best practices for counsel and corporations to preserve the privilege?