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D.C. Circuit Upholds Attorney-Client Privilege

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July 7, 2014

Dear Friends,

Recently, the U.S. Court of Appeals for the D.C. Circuit held that attorney-client privilege may be upheld in the context of an internal compliance investigation, if “one of the significant purposes” of the communication was to provide legal advice, “even if there were also other purposes for the investigation.”

The Court overturned a  lower court ruling that held that documents relating to an internal compliance investigation, conducted by in-house counsel, were unprivileged business records because the investigation was conducted pursuant to regulatory law and corporate policy, rather than for the purpose of obtaining legal advice.

Please click here for the text of the ruling. Please feel free to contact us with any questions at (212) 867-0200 or email us at info@counselworksllc.com.

Thank you,

CounselWorks

About CounselWorks LLC

CounselWorks is a strategic business and regulatory consulting firm, that provides project-based consulting and manages compliance and regulatory programs for hedge funds, private equity firms, investment companies, broker-dealers and investment banks.
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