Beware What You Share: Privilege Waiver Risks in Investigations

In responding to regulatory and government investigations, firms are often faced with the question of how to balance the desire to cooperate with the need to preserve privilege over an internal investigation.  Financial institutions face this question additionally in their reporting requirements to regulators, including Form U-5 filings and Suspicious Activity Reports.  Two recent decisions illustrate the risk of a waiver of privilege when a firm provides information relating to witness or client interviews. In the first case, a U.S. Magistrate Judge in the Southern District of Florida held that providing “oral downloads” of otherwise-privileged witness interview notes and memoranda to the Securities and Exchange Commission effectively waived privilege.  SEC v. Herrera, 2017 WL 6041750 (S.D. Fla. December 5, 2017).  The court in Herrera ruled that there is little or no distinction between (a) producing actual interview notes and memoranda to a…

Read more detail on Recent Administrative Law posts –

Legal notice about the Beware What You Share: Privilege Waiver Risks in Investigations rubric : Hukuki Net Legal News is not responsible for the privacy statements or other content from Web sites outside of the Hukuki.net site. Please refer the progenitor link to check the legal entity of this resource hereinabove.

Do you need High Quality Legal documents or forms related to Beware What You Share: Privilege Waiver Risks in Investigations?

This entry was posted in Administrative law and tagged , , , , , . Bookmark the permalink.

Leave a Reply