Internal Investigations and the Evolving Fate of Privilege

2 Compliance Elliance Journal 3 (2016)

11 Pages Posted: 16 Mar 2016

Date Written: March 14, 2016


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

Suggested Citation

Dervan, Lucian E., Internal Investigations and the Evolving Fate of Privilege (March 14, 2016). 2 Compliance Elliance Journal 3 (2016), Available at SSRN:

Lucian E. Dervan (Contact Author)

Belmont University School of Law ( email )

1900 Belmont Boulevard
Nashville, TN 37212
United States


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