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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

Event

Maine State Bar Association Winter Bar Conference

Join Verrill Partner, Anya F. Endsley on Friday, January 28, 2022 for session ten of this year's Maine State Bar Association Winter Bar Conference, Estate Planning Under the New Rules. Anya, along with attorneys...

News

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Blog

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Matter

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Publication/Podcast

Courts Expand on Rules Regarding the Protection of Retirement Plan Assets

Blog

BREAKING: The Supreme Court Blocks OSHA COVID Vaccine/Testing Rule (NFIB v. OSHA) and Allows the Healthcare (Medicare/Medicaid) Vaccine Rule (Biden v. Missouri) to Take Effect

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Publication/Podcast

Federal Vaccine Mandates: How to Respond to Ever-Changing Court Rulings

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Matter

Trademark Litigation: Software

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Blog

Elimination of Good Faith Relief for ACA Reporting

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News

Verrill Welcomes Experienced Trust & Estates, Tax Partner Ruth Mattson

(January 5, 2022) – Verrill is pleased to welcome Ruth Mattson to the firm’s Boston office as a Partner in its Private Clients & Fiduciary Services Group. Mattson advises individuals and families on estate...

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