Tag Archives: Michael W. Holt

Sixth Circuit Reaffirms Privilege and Work-Product Protections in Internal Investigations

by David B. Anders, Randall W. Jackson, and Michael W. Holt

PHOTOS OF AUTHORS

Left to right: David B. Anders, Randall W. Jackson, and Michael W. Holt (photos courtesy of Wachtell, Lipton, Rosen & Katz)

Conducting an internal investigation in a disciplined and organized way is essential to protecting privilege.  A recent decision of the U.S. Court of Appeals for the Sixth Circuit, In re FirstEnergy Corporation, No. 24-3654 (Oct. 3, 2025), underscores that courts will uphold attorney-client privilege and work-product protections where counsel directs the investigation and its legal purpose is clear—even when the resulting work also informs a company’s business decisions.  Continue reading →

White-Collar and Regulatory Enforcement: What Mattered in 2024 and What to Expect in 2025

by David B. Anders, Sarah K. Eddy, Kevin S. Schwartz, Randall W. Jackson, Ralph M. Levene, Michael W. Holt, Aline R. Flodr, and John F. Savarese

Photos of authors

Top left to right: David B. Anders, Sarah K. Eddy, Kevin S. Schwartz, Randall W. Jackson.
Bottom left to right: Ralph M. Levene, Michael W. Holt, Aline R. Flodr, John F. Savarese. (Photos courtesy of authors)

As we write this memorandum, President Trump’s second administration is forming in Washington, with new leadership teams being appointed at DOJ, the SEC and across other regulatory and law-enforcement agencies.  In 2017, when President Trump first took office, we avoided predicting what the administration’s significant white-collar and regulatory enforcement priorities and policies might be in the absence of noteworthy signals from President Trump or his nominees and in light of the then slow pace of leadership confirmations. Eight years later, however, the lessons from President Trump’s first administration, as well as the track record and statements from his recent nominees and closest advisors, offer some insights into the new administration’s likely enforcement priorities.  Given that, we have some thoughts on what to expect from President Trump’s second term:

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