Companies may wish to claim privilege over materials created during an investigation.
Privilege considerations will necessarily be determined on a jurisdiction by jurisdiction basis and can be complicated to apply in practice.
It is important that actions in one jurisdiction do not affect privilege claims in another jurisdiction, and that actions in the investigation do not impact privilege claims in other forums such as an investigation by a regulatory authority or during the course of civil litigation.
Practical privilege: risk assessments and internal investigations
For practical steps to be taken to safeguard privilege during risk assessments and internal investigations, read our guide on Practical Privilege.