Organizational Privilege & Organizational Insiders: Practical Challenges for Whistleblower Lawyers
Author(s)' contact information
Association of American Law Schools (AALS)
Select the option that describes the rights you hold in the attached content
I hold complete rights to all intellectual property in the attached content and have the power to grant the license, if any, that I have chosen below.
Select a license for the attached content
"Copy": I give permission for other users to download the attached content and copy, distribute, and repost it on the web, as long as they credit the author(s) and the publication and provide relevant identifying citation information (volume, page numbers, year of publication, city of publication), do not change the work in any way, and do not use it commercially. ("Attribution-NonCommercial-NoDerivatives" Creative Commons license)
Many whistleblowers have access to documents that their employers consider to be privileged. As a practical matter, how should the lawyer respond when her client gives her the employer’s documents, some of which may be privileged? The United States in witnessing a dramatic increase in whistleblower cases as the government has expanded the availability of financial incentives for whistleblowers under Dodd-Frank and the tax whistleblower program. More lawyers are getting involved in the representation of whistleblowers, yet there is little guidance for these lawyers on this tricky issue. This article provides guidance for whistleblower lawyers and recommends several “best practices” that will enable them to advocate on their clients behalf without undermining the legitimate privilege claims of their adversaries.