Organizational Privilege & Organizational Insiders

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Long title: 
Organizational Privilege & Organizational Insiders: Practical Challenges for Whistleblower Lawyers
Conference title: 
Association of American Law Schools (AALS)

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.

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