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9th Circuit: CFO’s statements to counsel in an internal investigation can be used at trial

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • USA
  • -
  • October 8 2009

In highlighting the "treacherous path which corporate counsel must tread under the attorney-client privilege when conducting an internal investigation," the Ninth Circuit recently held that statements made by a chief financial officer to outside counsel could be used in a subsequent criminal action against the officer because he knew his statements would be disclosed to the company’s outside auditors