August 22, 2017

In this article, Jenner & Block Partners Peter B. Pope and Kelly Hagedorn and Associates Kathleen W. Gibbons and Tracey Lattimer examine the English High Court and US Supreme Courts’ opposing views on privilege protection in internal investigations.  The authors discuss the English High Court’s recent rulings that a lawyer’s notes of interviews of a client’s employees in most cases do not have the same privilege protection under English law as they enjoy under US law, even if produced by US lawyers.  “In English proceedings,” the authors explain, “[the High Court has ruled that] the public policy underpinning English privilege law trumps U.S. privilege law, and it has ordered that memoranda written by U.S. lawyers of interviews in the U.S. be produced in English courts and to English prosecutors.”