Subject to Inquiry

Subject to Inquiry


Government Investigations and White Collar Litigation Group

Tom Spahn

Photo of Tom Spahn Tom practices as a commercial litigator. He regularly advises Fortune 500 companies on such high-stakes issues as properly creating and preserving the attorney-client privilege and work product protections when conducting corporate investigations, when hiring outside consultants, when dealing with the government, and during other daily and extraordinary situations. He also advises in-house counsel on ethics issues, including conflict of interest, confidentiality, and dealing with corporate wrongdoing.

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Avoiding Waiver When Disclosing Facts to the Government

Anti-Bribery and Corruption, Compliance, Election and Political Law, Energy Enforcement, Securities and Commodities
All but a handful of courts find that companies disclosing privileged communications or protected work product to the government waive both of those protections. Courts properly analyzing waiver rules also recognize that disclosing historical facts does not cause a waiver – because historical facts are not privileged. In two related cases, Judge Francis of the… Continue Reading

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