ADVANTAGES

Upjohn provided more flexibility for companies by allowing them to conduct internal investigations through interviewing employees, while giving assurance that the proper notice could keep these communications confidential. However, Upjohn also created tension because only the company, not the individuals, could decide to waive the attorney-client privilege that covered such communications. This tension has made it imperative to handle the internal investigations carefully to protect the company, and for corporate counsel to protect himself.

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