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04.24.12 | Articles

Can Internal Investigations be Kept from Shareholders?

Executive Counsel

Though internal investigations conducted by in-house counsel or an outside law firm are usually protected by attorney-client privelege, shareholders have been permitted to obtain privileged information when a "fiduciary exception" can be established. This article examines the tension between a company's need for confidentiality and shareholders' right of of access as exlempified in a recent case involving the computer giant HP.

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