The question of attorney-client privilege (herein "the
privilege") for in-house counsel can be a vexing one, yet one that has
significant implications for investigations and enforcement actions under the
Foreign Corrupt Practices Act (FCPA) or other anti-corruption legislation.
There is often a discussion about the retention of
outside counsel to lead an investigation of alleged violations of the US
Foreign Corrupt Practices Act (FCPA) so that the company may maintain the
attorney-client privilege. But is there some other privilege which might be
lurking in this relationship...