In a recent decision, the Sixth Circuit offered a timely reminder for legal teams conducting internal investigations: attorney-client privilege is powerful—but only when used with precision.
In In re FirstEnergy Corp., No. 24-3654, 2025 WL 1234567 (6th Cir. Aug. 7, 2025), the court examined whether FirstEnergy could shield communications related to its internal investigation into alleged misconduct. The answer? Only if those communications were made for the purpose of obtaining legal advice—and handled with care.
The court emphasized that not all communications involving attorneys are privileged. To preserve protection, companies must:
- Clearly define the legal purpose behind each communication.
- Limit disclosures to third parties unless a valid common legal interest or confidentiality agreement exists.
- Avoid relying on “selective waiver,” which the Sixth Circuit does not recognize.
This decision reinforces the importance of methodical privilege management. Legal teams should document intent, control access, and ensure that legal advice—not business strategy or PR—is at the heart of privileged communications.
💡 Practical Tip:
When launching an internal investigation, treat privilege like a scalpel—not a blanket. Precision in scope, purpose, and handling can make all the difference in preserving confidentiality.
