The Decision In Ruehle: A Reminder About Upjohn Warnings

The Decision In Ruehle: A Reminder About Upjohn Warnings

The nature of the relationship between attorneys conducting an internal investigation for the company and corporate officers, if any, can present difficult questions. All too often, a company seeking to waive privilege encounters a claim by the officer that he or she has a confidential and privileged relationship with the law firm which the company cannot waive. If Upjohn or corporate Miranda warnings are properly given and documented, the question should be quickly resolved. If not, the situation can become difficult. The privilege claim by former Broadcom CFO William J. Ruehle raised a significant question about attorney client privilege, a corporate officer and internal investigators. U.S. v. Ruehle, No. 09-50161 (9th Cir. Decided Sept. 30, 2009).