Bloomberg Law Publishes Akin Gump Article on Attorney-Client Privilege Tips for Congressional Investigations
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Bloomberg Law has published the article “INSIGHT: Attorney-Client Privilege Tips for Congressional Investigations,” written by Raphael Prober, co-head of the congressional investigations practice at Akin Gump, fellow partner Karen Christian and associate Michael Fires.
The article states that, “While many congressional committees do, in practice, recognize the importance of attorney-client privilege, Congress takes the position that its applicability to particular matters is determined by the congressional committee conducting the inquiry.”
Against this backdrop, the authors offer some recent examples of where attorney-client privilege was an issue in congressional investigations. They then note that, amid the COVID-19 pandemic, with many “recipients of congressional stimulus from the $2 plus trillion CARES Act” likely to face congressional scrutiny, “companies must be mindful of protecting privileged information in both congressional investigations and the parallel regulatory, civil, or even criminal proceedings that may follow.”
The article concludes with some advice on navigating such an inquiry, “especially one that may implicate privileged material.” It also notes that, “communication and effective preparation are crucial for counsel helping clients navigate the difficult question of privilege in congressional investigations.”
To read the article in its entirety, please click here.
