03.24.2016
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03.24.2016
The Global Investigations Review quoted Barak Cohen in "Bridgegate privilege dispute a sign of things to come” regarding changing approaches to protecting attorney work product in internal investigations. In the article, Cohen stated that “judicial decisions contesting work-product privilege have created a situation where interview notes and work-product ‘may become increasingly involved in litigation after the fact.’” Moreover, according to Cohen, "If you're an individual and you're facing indictment, you might try to subpoena records from an internal investigation if you think they will be exculpatory. A company is likely to claim privilege, but an individual can raise questions about whether the circumstances of the interview were ambiguous.”
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