Litigation: Upjohn Warnings and External Consultants
Corporate counsel conducting internal investigations have relatively little instruction on whether to interview the company’s third-party consultants and, if so, whether an Upjohn warning is necessary. But courts have recently addressed two related concepts:
- The importance of providing pre-interview Upjohn warnings to corporate employees
- The corporate attorney–client privilege covers consultants considered the “functional equivalent” of corporate employees
Together these concepts provide corporate counsel informed guidance when interviewing consultants as part of an internal investigation.
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