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 face challenging regulatory and criminal enforcement dynamics. We help keep our clients up to date in these fast-moving areas and to serve as a thought leader.
The latest from MVA White Collar Defense, Investigations, and Regulatory Advice Blog
- CTA Reporting Relief: FinCEN Interim Rule Exempts US Companies from Reporting Beneficial Ownership & Foreign Companies from Reporting Information Regarding US Owners
- CTA Filing Obligations Back On
- Corporate Transparency Act Reporting Obligations Remain Paused Despite Supreme Court Order
- Developments in National Bank Act (NBA) preemption: Illinois’ Interchange Fee Prohibition Act is held preempted by the NBA; Ninth Circuit to Reconsider NBA Preemption of California’s interest on escrow law