Employers: What Deflategate can teach you about privileged investigations - 5 lessons

Posted on 10-20-2015 by
Tags: Latest Headlines & Stories , trending news

The National Football League has had its’ fair share of questionable moments over the past couple years, but none has been more questionable than the handling of its’ recent “Deflate-gate” scandal.   According to LexisNexis® Legal Newsroom , here are 5 lessons we can learn from the debacle that was the NFL’s “Deflate-gate”.

1. If it is anticipated that the workplace investigation may be raised as a defense to a legal claim or otherwise voluntarily disclosed, the employer should consider retaining an investigating attorney different than its regular legal counsel.


2. Avoid having the investigating attorney participate in communications between the employer and its regular counsel regarding matters of legal advice


3. Employers and their regular counsel should take the time to define carefully the scope and responsibilities of the participants in the investigation.


4. The employer and investigating attorney should take steps to make clear that the investigation is being conducted to obtain legal advice.


5. The employer should treat as confidential all investigation-related materials and limit distribution.

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