The recent decision of the U.S. Court of Appeals for the Sixth Circuit in In re FirstEnergy Corporation (Decision) reaffirmed the seminal 1981 decision in Upjohn Co. v. United States as the standard for maintaining assertions of privilege and work product protection in internal investigations. In this second part of a two-part series analyzing the Decision, the Anti-Corruption Report spoke with investigation experts to understand what the current best practices are for good privilege hygiene. They provided insights on how to collect and preserve documents, conduct interviews and present findings to the client, as well as how the Decision may have impacted data breach investigations. The first part unpacked the procedural posture of the case and dissected the Decision to tease out its legal implications. See our two-part series on preserving the privilege for in-house counsel: “Communications and Common Issues” (Feb. 17, 2021), and “Internal Investigations and Depositions” (Mar. 3, 2021).