Can a Big Law Firm Waive Attorney Client Privilege During an Internal Investigation Discussion with the Government? You Bet.
In a discovery dispute, a U.S. District Court of Miami, Florida, compelled production of a law firm’s investigation it had performed for a company. That is, the corporate internal investigation work product/attorney client privilege was waived because the court found that the attorneys had given the Government an “oral download” of witness interview notes and memoranda that came from the company’s executive team and other employees. This is an international and established law firm that the trial judge found had blown privilege for its client.
