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01.09.13 | Blog Posts

Will The NLRB’s Protection Of Water Cooler Conversations Trump A Company’s Right To Keep Its Investigations Confidential?

The Insider: White Collar Defense and Securities Enforcement

Over the past year, the National Labor Relations Board has issued a series of decisions that have significantly expanded the rights of non-supervisory employees, including non-unionized employees, to discuss information that many employers would consider confidential, and even post this confidential information on social media sites. This expansion includes an employee's right to discuss the content of investigative interviews, even when an employer directs an employee to keep the interview confidential. Although the NLRB has yet to directly opine on the subject, these decisions may have serious implications for the corporate attorney-client privilege. [...]

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