LexisNexis® Legal Newsroom
Internal Investigations: Mistrial Declared After Investigation Notes Produced DURING TRIAL

Often, when faced with the need to investigate an employee's complaint of harassment or discrimination, employers will ask their regular company counsel to investigate the allegation and defend the company if litigation ensues. The recent mistrial declared by Judge Adams in the United States...

Workplace Investigations: $300,000 in Sanctions Highlights Risks of Using Employer’s Regular Counsel

Most employers and their regular counsel and HR managers are by now well aware of an employer's legal duty to promptly, thoroughly and impartially investigate any complaint of perceived discrimination, harassment, or retaliation. They also generally understand that an employer may avoid liability...

Workplace Investigations: Tips & Templates for Preserving the Privilege

Although the attorney-client privilege is firmly established as a legal doctrine that protects confidential communications between lawyers and their clients, a recent federal court decision stands as a stark reminder that its application is not absolute. In United States ex rel. Barko v. Halliburton...

5 Privilege Lessons for Employers from Deflategate

As I wrote about earlier this week, among the challenges Tom Brady is making in the appeal of his 4-game suspension is a challenge to the NFL’s assertion that the investigation file and the communications between the NFL and the attorney who conducted the Deflategate investigation are privileged...