Internal Investigations and the Evolving Fate of Privilege

Abstract

In 1981, the United States Supreme Court delivered a landmark ruling in Upjohn Co. v. United States. The decision made clear that the protections afforded by the attorney-client privilege apply to internal corporate investigations. This piece examines the fundamental tenets of Upjohn, discusses some recent challenges to the applicability of privilege to materials gathered during internal investigations, and considers the manner in which the international nature of modern internal investigations adds complexity and uncertainty to the field.

Keywords: Upjohn, Privilege, Attorney-Client, Work Product, Internal Investigation, International

JEL Classification: K00, K10, K14, K20, K33, K41, K42