Privilege and Confidentiality for Environmental Investigations, Audits, and Enforcement – Can Information Be Protected

Webcast CLE is not available

Dec 8, 2009
1 PM ET

Duration: 1 Hour

Presented by ACC's Environmental, Health & Safety Committee and Sponsored by Holland & Knight

This webcast will address privileges and confidentiality concerns covering environmental compliance audits, internal investigations, and whether factual information such as sampling results can be protected from potential reporting and disclosure obligations. 

The following questions and more will be addressed:

  • If my outside counsel retains the Phase I audit consulting firm, does that protect the results from discovery in litigation?
  • Are notes of counsel's interviews with witnesses protected from disclosure in subsequent criminal and civil proceedings?
  • Can counsel protect sampling results from disclosure?
  • What states have audit privileges and are those privileges applicable in federal enforcement proceedings?
  • What are my obligations to retain documents generated by EHS professionals and in-house technical staff?

Speakers:

Bonni Kaufman, Partner, Holland & Knight
Jennifer Short, Partner, Holland & Knight

Moderator:

Lee Braem, Senior Corporate Counsel and Chief Compliance Officer, Evonik Degussa

Handouts:

Presentation Slides
Rule 26
Rule 502
USA9-28.000
Upjohn Warnings
9th Circuit Opinion
EPA: Incentives for Self-Policing: Discovery, Disclosure, Correction & Prevention of
Violations; Notice

Transcript

See below for the Archive:
Privilege and Confidentiality for Environmental Investigations, Audits, and Enforcement – Can Information Be Protected