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Susan Burton of Cornell Smith Mierl Brutocao Burton and DeDe Church of DeDe Church & Associates co-presented to the Austin Bar Association’s Labor and Employment Section on “Employee Investigations and the Role or Relationship with Outside Counsel.”
In this presentation, Susan and DeDe discussed best practices for planning, conducting, and documenting employee investigations, with a focus on the strategic role of outside counsel. The session addressed attorney-client privilege and work-product protections, including how privilege may be established, preserved, or inadvertently waived during investigations. Presenters also discussed common pitfalls, evolving best practices, and practical guidance for advising clients on investigations involving sensitive allegations, high-level employees, and potential litigation exposure.
