March 1, 2016
By: Jason Canales
"Keeping Up With Upjohn," an article co-authored by Jason Canales, was featured in the February 2016 issue of the New York State Bar Association Journal. The article highlights recent case law developments relating to the preservation of the attorney-client privilege in corporate internal investigations, and sets forth best practices for corporations desiring to preserve the privilege and to defeat possible waiver arguments in the New York courts. The article suggests that to preserve the attorney-client privilege corporations should, among other things, understand the scope of the internal investigation, identify the purpose(s) of the investigation, involve counsel in the investigation and communicate the confidential nature of the investigation to employees.