It’s Been a Privilege—Or Has It?

Private equity investments can raise complicated questions about attorney-client privilege, ranging from the interactions between a private equity firm and its portfolio companies, to communications with investors. It is important for in-house counsel at private equity firms to understand what communications likely will be protected and under what circumstances privilege may be considered to have been waived.

This practice note provides a high-level overview of attorney-client privilege, identifies issues in-house counsel at private equity firms are likely to face, and provides valuable practice tips for enhancing your chances of preserving your privilege.
 
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Related Content

• SEC v. Navellier’s Warning: Communications With Compliance Consultants Not Always Protected by Attorney-Client Privilege
  Read this discussion of a federal court decision that addresses whether communications between an investment manager and its third-party compliance consultant were covered by attorney-client privilege.

• In-House Legal Department Management Resource Kit
  Explore this collection of resources that helps in-house counsel manage legal ethics and business considerations, including attorney-client privilege matters.

• Registered Investment Adviser Handbook Chapter 11: Administrative Oversight
  Review this chapter of the Registered Investment Adviser Handbook that covers attorney-client privilege when raised in response to SEC examinations and other requests for documentation.

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