Workplace Investigations 301: Privilege, Determinations & Reporting – Getting It Right

Category: Federal & State Compliance

Written by Rayner Mangum, Darrick L. McDuffie and Alexandra “Sasha” Thaler From Constangy Brooks Smith & Prophete LLP on June 11, 2025

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Every workplace investigation involves navigating complex legal and practical considerations, but few areas are more important (or more fraught) than protecting privilege and making (and reporting out) sound, defensible determinations. In this final installment of Constangy’s Workplace Investigations webinar series, attorneys Sasha Thaler, Darrick McDuffie, and Rayner Mangum walk participants through these high-impact aspects of the investigative process.

Topics include:

  • Key considerations for deciding whether to assert attorney-client privilege and work product doctrine protections with respect to a workplace investigation.
  • Best practices for making sound and defensible determinations as to the facts and policies at issue.
  • Tips for preparing written or oral investigation reports that are clear, complete and credible.