Legal Alerts/Details

Internal Investigations in the Time of COVID-19:
Preserving Attorney-Client Privilege, Work Product, and Confidentiality

June 16, 2020
  1. See Steven Peikin, Co-Dir., Div. of Enf’t, U.S. Sec. & Exch. Comm’n, Keynote Address: Securities Enforcement Forum West 2020, (May 12, 2020), (noting “this recent market decline and continuing economic stress may well reveal past misconduct, or result in new misconduct”).
  2. See Public Service Announcement No. I-040120-PSA, Fed. Bureau of Investigation, Cyber Actors Take Advantage of COVID-19 Pandemic to Exploit Increased Use of Virtual Environments (Apr. 1, 2020),
  3. See also Margaret Meyers, Daniel Zinman, and Lee Richards, Defending Remote Testimony in White Collar, Securities Cases, Law360 (May 27, 2020, 5:45 p.m.), (discussing various approaches to sharing documents during remote depositions).
  4. See, e.g., Recording Notifications, Zoom.US, (last visited May 29, 2020) (noting “Zoom will always notify meeting participants that a meeting is being recorded. It is not possible to disable this notification").
  5. See, for example, Recording Phone Calls and Conversations,, (last updated Jan. 2018), for an overview of state and federal laws governing legality of recording phone calls, and consult with an experienced attorney  regarding fact-specific inquiries.
  6. See Dylan Tokar, Shelter-in-Place Orders Pose Challenges for Government Probes, (May 20, 2020, 6:19 p.m.) (citing Daniel Kahn, senior deputy chief in the U.S. Department of Justice’s criminal fraud section, acknowledging challenges maintaining compliance with limited resources may arise during COVID-19, but emphasizing “[e]xecutives should document rationales for decisions they make and be prepared to explain them”). 
  7. See ABA Model Rule of Prof’l Conduct 1.6.

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