How to Walk the Tightrope of Cooperation and Privilege When Facing Government Investigations and Parallel Litigation

Companies and their counsel walk a delicate tightrope when undergoing simultaneous government investigations and civil lawsuits over data breaches – balancing competing interests, processes and incentives. A recent Practising Law Institute panel, which included attorneys from Wyndham Hotel Group, Dentons, Crowell & Moring and Troutman Sanders eMerge, provided insight and advice about handling the challenge of responding to related requests under different rules with different strategies. See also our three-part series on protecting attorney-client privilege and attorney work product while cooperating with the government: “Establishing Privilege and Work Product in an Investigation” (Feb. 8, 2017); “Strategies to Minimize Risks During Cooperation” (Feb. 22, 2017); and “Implications for Collateral Litigation” (Mar. 8, 2017).

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