Fighting for the Future of In-house Attorney-Client Privilege

January 13, 2021 Media Mentions

To be able to conduct or oversee effective internal investigations, in-house counsel must be able to assure witnesses that their communications with investigators, documents evidencing those communications, and documents the investigators create, will be subject to the attorney-client and/or work product privileges. In-house counsel have expressed concern that if employees learn their comments are or may not be privileged, they will be reluctant to be candid in providing information to investigators, information that is often essential to maintaining effective compliance programs.

In an interview published in the ACC Docket on January 13, 2021, Verrill attorney Tom Bean discusses the amicus brief he filed on behalf of the Association of Corporate Counsel in Attorney General v. Facebook, a case pending before the Supreme Judicial Court of Massachusetts. The case arose after the Attorney General issued civil investigative demands to Facebook for documents created during Facebook’s attorney-led internal investigation of app developers. The Superior Court ordered Facebook to produce, over Facebook’s objections on the grounds of privilege, documents responsive to most of the Attorney General’s requests. Mr. Bean explains what motivated him to accept the case, to argue for preserving the privileges for internal investigations directed by in-house counsel, and the reasons he thinks the Court's decision in the case could have far-reaching consequences for in-house counsel in Massachusetts.

Click here to read the full article on ACC Docket.

Firm Highlights


Annual Update: The Legal Year in Review

More details coming soon!


Corporate Transparency Act regulations will go into effect soon and will affect almost all startup companies

On August 18, the Maine Venture Fund published an article by Verrill Partner Gregory Fryer, “Corporate Transparency Act regulations will go into effect soon and will affect almost all startup companies.” In the article...


82 Verrill Attorneys Recognized by Best Lawyers® 2024, Including 10 Named Lawyers of the Year


Successful Representation of Insurer before U.S. District Court for the District of Maine

Verrill successfully represented an insurer before the U.S. District Court for the District of Maine in an insurance coverage matter alleging that the insurer improperly denied a defense and indemnification to a landlord under...


Conducting Workplace Investigations

Join Verrill’s Erik Peters and Elizabeth Johnston on Wednesday, October 18, for Conducting Workplace Investigations. When and why should you open an investigation? Who is the best person to conduct it? Should you handle...


How AI Can Alter Skill Contests

AI could very well be today’s “Modern Prometheus” in the world of skill contests. Earlier this year, the AI-generated photograph “The Electrician” was a finalist in the World Photograph Organization’s Sony World Photograph Awards...


Five Recommended Practices for ERISA Retirement Plan Administrative Fiduciaries

Verrill’s Employee Benefits & Executive Compensation Group is often asked about “best practices” for benefit plan administration and whether we can provide any resources to help plan sponsors and fiduciaries improve compliance with the...


Retiree Medical Coverage: Just Get the COBRA Waiver

The interaction between employer-provided retiree medical coverage and COBRA [1] is complex. Many employers incorrectly assume they do not have to offer COBRA at retirement if they offer a retiree medical plan or a...


Elections and Constitutional Law: Successfully Challenged Certification of Initiative Petition

In a victory for consumers and the ride-hailing public, the Massachusetts Supreme Judicial Court recently barred the Secretary of State from placing on the November ballot initiative petitions proposed by companies such as Uber...


Gratitude for Anya Endsley

Contact Verrill at (855) 307 0700