Protecting Attorney-Client Privilege and Attorney Work Product While Cooperating with the Government: Cooperation Benefits and Risks (Part Two of Three)

When it comes to privilege and work product, companies cooperating with the government while conducting investigations often face important strategic questions: how much information to share, and whether to include privileged and attorney work product materials in their disclosures to the government. In this second installment in a three-part guest article series, Eric J. Gorman and Brooke A. Winterhalter, partner and associate, respectively, at Skadden, analyze this strategic cooperation question through the lens of the attorney-client privilege and attorney work product doctrine, and identify certain steps that companies may wish to take to try to minimize the risk or extent of a waiver resulting from whatever approach they take. For the first installment in the series, see “Protecting Attorney-Client Privilege and Attorney Work Product While Cooperating With the Government: Establishing Privilege and Work Product in an Investigation” (Feb. 1, 2017).

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