In the News

Jonathan Feld, Leyton Nelson Co-Author Article for Chicago Lawyer Magazine

With Internal Investigations on the Rise, Attorney-Client Privilege Comes Under Greater Scrutiny

July 2, 2014

Jonathan S. Feld, Chicago-based member in the Litigation Department, whose practice focuses on complex civil and criminal matters and internal investigations, and Leyton P. Nelson, Chicago-based attorney in the Firm’s Business Litigation Practice Group, co-authored an article—“Don’t take attorney-client privilege for granted: The rise of internal investigations brings greater scrutiny”—that appears in the July 2014 issue of Chicago Lawyer magazine.

In the article, Feld and Nelson note the increasing number of internal investigations undertaken by organizations—whether private or public—to address allegations of improper behavior. They explain that while protections offered by the attorney-client privilege are central to many of these internal investigations, the courts are applying tighter scrutiny to what information, communication or actions truly qualify as privileged.

Feld and Nelson conclude that attorney-client privilege “cannot be taken for granted” during internal investigations and recommend that care must be taken to ensure that the prerequisites for the privilege are met.

To read the entire article, click here.