Crafting and Delivering Effective Upjohn Warnings

One of the many challenges for lawyers conducting anti-corruption investigations is how to give sufficient Upjohn warnings while still encouraging employee candor when gathering information. Beginning an interview with a solemnized speech reminding an employee that the company holds the privilege may not always generate the sort of disclosure a lawyer is seeking during the rest of the discussion. The Anti-Corruption Report talked to practitioners for their suggestions on how best to go about giving Upjohn warnings and what to do if an employee balks when receiving one. See “Lessons on Litigation Privilege in Internal Investigations from the U.K.’s Bilta v. Royal Bank of Scotland Case” (Mar. 21, 2018).

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