arrangements” provide unique opportunities for companies and their legal counsel to extend the attorney-client privilege to consultants. After deciding to use the arrangement, the next (and most important) step is ensuring that the entire Kovel
engagement is performed correctly so that the privilege will be recognized by regulators and courts, and documents detailing the company’s operational deficiencies are not unnecessarily made available. This article, the second in a two-part series, provides practical guidance regarding the provisions that need to be included in an engagement letter with a consultant, details daily steps a company must take to ensure it remains Kovel
-compliant, and examines circumstances under which it is and is not appropriate for companies to employ Kovel
arrangements. The first article
in this series detailed the legal requirements of the Kovel
doctrine, as well as considerations for companies when deciding whether to invoke or waive the privilege. See also “Preserving Privilege Before and After a Cybersecurity Incident (Part One of Two)
” (Jun. 17, 2015); Part Two
(Jul. 1, 2015).